Since the terrorist attacks of September 11, 2001, government immigration audits have dramatically increased. From high profile cases involving Tyson Foods and Wal-Mart to 'routine' audits of I-9 and H-1B compliance, Immigration and Customs Enforcement, the Department of Labor and the Social Security Administration have all increased their investigations. Employers must understand and follow the complex rules of recruiting, hiring and ensuring proper work authorization of all employees in order to walk the fine line between compliance and harsh penalties, which can include jail time for corporate executives and HR managers. This seminar will provide the tools for employers to ensure that they are in compliance and to prepare them in taking preventive measures to avoid, or deal with, government I-9 audits and possible discrimination claims.
9:00 a.m. - 9:15 a.m.
I. Welcome And Overview
9:15 a.m. - 10:00 a.m.
II. The New Landscape For Government Audits Of Employers Post 9/11
A. Increased Government Resources
B. Heightened Concern About Undocumented Workers
C. Audits Of 'Problem' Industries And Locations
10:00 a.m. - 10:45 a.m.
III. Recruiting And Hiring: Achieving Compliance Without Discriminating
A. Job Advertisements, Applications, And Interviews: What To Ask?
B. Types Of Discrimination.
1. National Origin Discrimination
2. Citizenship Discrimination
10:45 a.m. - 11:00 a.m.
11:00 a.m. - 12:00 p.m.
IV. Hired! Work Authorized? Completing The I-9 Form
A. When And How To Complete The I-9
B. Acceptable Documents
C. The Receipt Rule
12:00 p.m. - 1:15 p.m.
1:15 p.m. - 2:00 p.m.
V. How Non-Compliance Hurts Employers – Let Us Count The Ways
A. Civil And Criminal Sanctions
B. Debarment From Government Contracts
C. RICO Claims
D. H-1B Non-Compliance – Back-Pay Awards And Debarment From Immigration Processes
2:00 p.m. - 3:00 p.m.
VI. What To Do When The Government Comes Knocking?
A. Who's Knocking? Immigration And Customs Enforcement Or Department Of Labor
B. Employer Rights And Defenses
C. Social Security 'No-Match' Letters
3:00 p.m. - 3:15 p.m.
3:15 p.m. - 4:00 p.m.
VII. From Bad To Worse: Employer Compliance Errors That Lead To Lawsuits, Fines Or Jail
A. Reverification Mistakes
B. Document Abuse
C. When Corrections Can Be Criminal
D. Personal Liability For HR Managers
4:00 p.m. - 4:45 p.m.
VIII. Learn From Your Peers: Corporate Panel On Best Compliance Practices
A. Internal Audits And Training
B. Written Policy
C. Centralizing And Outsourcing Compliance
D. Case Histories Of Government Audits