Aliens -- Undocumented

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    In the employment law context, the topic of immigration can be a very controversial one or it can be a very clerical one simply involving numerous forms, documents, and applications. Over the course of U.S. history there have been more than 25 different immigration laws; however, the most important law for employers and the basis of most...

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    On October 30, 2013, Infosys Limited, an Indian IT company, entered into a settlement with the U.S. government in which it agreed to pay $34 million for alleged immigration-related violations. The largest immigration fine ever ends almost three years of investigation by the U.S. Department of Homeland Security (DHS) and the U.S. State Department...
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    The decision by House Speaker John A. Boehner (R-Ohio) to add a high-profile immigration expert, Rebecca Tallent, to his staff is being read by immigration advocates as a sign that the Speaker is now willing to take action on the issue. Tallent is a former staffer for Senator John McCain (R-Arizona) and former Representative James Kolbe (R-...
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    Earlier this fall, I wrote an article about how the government shutdown affected E-Verify and I-9 enforcement (see "E-Verify unavailable during shutdown: a housekeeping opportunity for employers, part 1" on pg. 2 of our November issue). Now that the shutdown is behind us, what steps should your company be taking to ensure that you're in...
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    On July 1, U.S. Citizenship and Immigration Services (USCIS) announced E-Verify's newest customer service enhancement, the tentative nonconfirmation (TNC) e-mail notification to employees. The enhancement notifies the employee by e-mail at the same time it notifies the employer of a TNC through the E-Verify system. The federal E-Verify program is...
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    The 8th Circuit recently held that undocumented aliens are authorized to bring suit under the Fair Labor Standards Act (FLSA) to enforce unpaid minimum and overtime wages. Facts For different periods between June 2007 and March 2010, Elmer Lucas and five other workers without employment authorization worked at Jerusalem Café and were...
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    Thinking of hiring undocumented workers? Think again. Thinking of not paying overtime? Really think again. Facts Feliciano Macario, Gonzalo Leal, Elmer Lucas, Esvin Lucas, Margarito Rodas, and Bernabe Villavicencio worked at Jerusalem Café from June 2007 through March 2010. The café was owned by Farid Azzeh and managed by Adel...
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    This month, we pick up where we left off in our review of I-9 penalty trends and see how the Office of the Chief Administrative Hearing Officer (OCAHO) is responding to employer arguments for reductions of fines. The Florida drywall company U.S. Immigration and Customs Enforcement (ICE) inspected Platinum Builders and found a total of 69...
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    U.S. Citizenship and Immigration Services (USCIS) recently released the results of four independent studies of the E-Verify system, including surveys on the accuracy of the program, employer opinions of E-Verify, users' experiences with E-Verify, and users' experiences in Arizona after state legislative mandates went into effect. The federal E-...
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    In a recent decision, the New Mexico Supreme Court sided with an injured worker who couldn't accept an offer to return to work at a wage equal to or higher than his preinjury wage because he couldn't establish that he was eligible to work under federal immigration law. The court ruled that he was nevertheless eligible to receive enhanced workers'...
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