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Are you prepared for an I-9 Audit? Labor Commissioner Issues New Form for CA Employers

California businesses have become the target of immigration raids and I-9 audits.  It is difficult for businesses to know just what they should do in the event that ICE, Homeland Security, or another governmental agency demands entrance to their business and/or issues an I-9 inspection notice.

California Law

California’s Immigrant Worker Protection Act (AB 450) provides California workers with protection from immigration enforcement while on the job.  This law became effective January 1, 2018 and applies to all California employers.

What does the law require?

  1.  The law prohibits employers from allowing immigration enforcement agents to enter any nonpublic areas of a work place, absent a judicial warrant, or access, review, or obtain employee records, without a subpoena or court order.

Typically, enforcement agencies will have the required documentation; if, however, the officers do not have the correct paperwork, you will need to make a decision as to what action to take.  Under California law you are required to refuse to allow the agents entry until they produce the proper documentation.  The business will have to decide whether to accept the penalty issued under California law or face the potential repercussion of defying a federal agent.

2.  The law mandates that an employer post a notice to employees in the workplace within 72 hours of receiving a “Notice of Inspection” from a government agency.

This week the California Labor Commissioner released the model notice form that all California employers should use in the event they receive an inspection notice.  The notice is available in both English and Spanish.

3. Once the inspection is over an employer must notify each “affected employee” within 72 hours of receiving the inspection results. Each affected employee must receive a copy of the results and a written notice of the employer’s and employee’s obligations arising from the inspection.

An “affected employee” is one identified by the inspection results as potentially lacking work authorization or having document deficiencies.  This notice must be specific to each affected employee.

Employers Should Do an Internal Audit – NOW!

Be prepared – do an internal I-9 audit as soon as possible.  Mistakes caught during the internal audit can be remedied, as long as the employer is aware of the rules surrounding lawful I-9 corrections.

Call us at 559-825-6629 or email CoreHR today for assistance with conducting an I-9 audit. 

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Another New I-9 – Updated July 17, 2017

On July 17, 2017, the United States Citizenship and Immigration Services (USCIS) released a new Form I-9.  This new form must be used beginning September 18, 2017.  Employers can begin using the new form immediately or continue to use the existing form, which has a revision date of 11/14/16, until the September deadline.

What has changed?

Here is what has changed:

  • The “Consular Report of Birth Abroad” has been added as an acceptable document to List C of the I-9
  • Certifications of report of birth issued by the Department of State have been combined and are listed as #2 on List C
  • Documents listed in “List C” have been renumbered

What do I need to do?

We recommend that you begin using the new form effective immediately.  Why? Simply, if you begin using it now you are less likely to forget come September 18, 2017.

 

 

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BREAKING NEWS! U.S. Publishes New I-9 Form

Good News!

There is a new I-9 Form and it is easier to use than the old one!

On November 14, 2016 U.S. Citizenship and Immigration Services (USCIS) published a new Employment Eligibility Verification form, commonly know as the I-9.

The I-9 form is the form employers are required to use to establish that an employee is eligible to work in the United States.

The new form features a number of upgrades intended to help reduce errors and help employers more efficiently complete the form.

What do I need to do?

All employers must begin using the new form by January 22, 2017, but you can begin using it immediately. CoreHR Team’s recommendation? Why wait? The new form is easier to understand and easier to complete.