Tennessee Legislature Passes

by Blake Forrester July 7, 2011

A bill approved by the Tennessee Legislature and expected to be signed by the governor will strengthen incentives for Tennessee employers to use the federal "E-Verify" employee verification system to bar illegal immigrants from obtaining legal employment within the state. E-Verify is a Department of Homeland Security program available over the Internet and administered in tandem with the Social Security Administration. The Tennessee Lawful Employment Act (TLEA), which covers newly hired employees, will take effect January 1, 2012.

In addition to state and local governments and agencies within Tennessee, private-sector employers with more than 499 employees will fall immediately under the new provisions in January; companies with between 200 and 499 employees will be covered by July 1, 2012; and all businesses staffed by six or more employees will be covered beginning January 1, 2013. Employers with fewer than six employees are exempt.

Affected employers will be required to either choose the E-Verify system or to gather state-approved documentation from prospective workers. The documentation may include a current U.S. passport; state-issued driver's license or non-driver's identification card; official birth certificate; certificate of naturalization; permanent resident card; work authorization; or certain other forms of identification. The allowed documentation under the TLEA will differ from current I-9 verification requirements only in that copies of the documents must be retained by the employer. This document retention is not required by the federal Immigrant Reform and Control Act.

Consistent with the new legislation and with federal law, employers who opt into the E-Verify system must apply it without exception to all new hires; it will not be possible to alternate between verification methods. Employers lacking Internet access will be permitted to use the Tennessee Department of Labor and Workforce Development (DoLWD) as their agent for employee registration and verification. Limited "safe harbor" protections are available for employers who have opted for E-Verify.

A provision in the law empowers lawful residents of Tennessee or federal agents to file complaints at the DoLWD against allegedly infringing employers. Older provisions have authorized only local or state officials to file such complaints. The DoLWD will investigate credible claims that an employer has violated the law by hiring ineligible persons.

An employer failing to follow the law will be subject to a minimum penalty of $1,000 for a first offense, rising another $500 for each additional employee or non-employee over the first for whom the employer has neglected to collect and maintain satisfactory documentation; a second offense will incur a minimum penalty of $2,000, rising another $1,000 for each additional violation. A third offense will increase the minimum penalty to $5,000, with $2,500 more for each additional violation. A non-employee is defined as any individual paid by the employer for independent contractor services.

Under current law, employers found in violation might temporarily or permanently lose their business licenses, depending upon the number of offenses committed within a three-year period.

I-9 Compliance - A Web Based Solution

by Staff Writer August 23, 2010

Compliance with immigration laws is a critical part of the hiring process. Over the years, the immigration laws in the United States have been revised and updated numerous times. If filled out correctly, the form I-9 helps verify that employees who are working in the United States are entitled to do so by law. The issue of illegal immigration has become a hot topic of debate in the political world. The reality of the matter is that employers must learn and comply with the ever changing statutes, regulations and requirements that the laws mandate. The Department of Homeland Security (DHS) recently issued new regulations, penalties and fines that all employers need to be aware of.

The new regulations list penalties and fines for non-compliance with the law. Some of the highlights of these changes include possible fines up to $5,500.00 for hiring an unauthorized worker and fines up to $1,100 for improperly filed I-9 forms that have missing information. Please see the following article: DHS New I9 Regulations, Penalties and Fines for full details.

Don’t worry! There is a solution that employers can turn to and become I-9 compliant. Even better, the solution is provided free to clients! I-9Compliance.com offers employers a web based solution to managing this critical and ever changing hiring area. A designated E-Verify agent, I-9Compliance.com is pre-integrated with the Department of Homeland Security's E-Verify system.

There are numerous benefits to using the I-9Compliance.com’s web based technology. First, the technology comes with no software to install, provides 24/7 access and the data is stored digitally in PDF form. Second, compliance with all the laws involving the I-9 forms will be satisfied and E-Verify requirements for Federal Contractors will be taken cared too. Finally, the task of remaining I-9 compliant is outsourced to I-9Compliance.com, who not only provides a complete web based solution, but also reduces the overhead associated with I-9 compliance in your organization.

Visit I-9Compliance.com at http://www.i-9compliance.com for a full listing of the benefits.

Company Agrees to Pay Government $4.5 Million for Illegal Worker Investigation

by Staff Writer December 31, 2009

Read news release: Justice Department and ICE reach $4.5 million agreement with Pilgrim's Pride

According to a news release from the U.S. Immigration and Customs Enforcement (ICE), the federal government and Pilgrim's Pride Corporation have reached an agreement to resolve an investigation involving the hiring and employment of unauthorized aliens at some of the company's Texas plants.

Under the terms of the agreement, Pilgrim's Pride agreed to pay the government $4.5 million and adopt more stringent immigration compliance practices to ensure that its work force is composed of employees legally entitled to work in the United States. As a result of this agreement, Pilgrim's Pride will continue to strengthen its workplace compliance programs and adopt measures recommended by ICE – such as the use of the government’s E-Verify electronic employment eligibility verification system – to identify and avoid the employment of unauthorized aliens.

As part of the ICE investigation, twenty-five unauthorized aliens were arrested in December 2007 in Texas and charged with misuse of a Social Security Account number. In early 2008, worksite enforcement actions conducted by ICE at five Pilgrim's Pride plants in Texas, Florida, West Virginia, Arkansas, and Tennessee resulted in the apprehension of approximately 338 unauthorized aliens, and thirty-eight illegal aliens were convicted for misuse of a Social Security Account number.

A designated E-Verify service agent, I-9Compliance.com — a web-based I-9 Form/E-Verify solution from nationally recognized employment screening provider Pre-Employ.com — is pre-integrated with the Department of Homeland Security’s (DHS) E-Verify system and helps employers ensure I-9 compliance, eliminate errors, and avoid government audits.

For more information about maintaining I-9 compliance, view a complimentary on demand webinar “E-Verify & Federal Contractors: Know The Facts,” visit www.i-9compliance.com, email info@i-9compliance.com, or call 1-800-300-1821.

pr@i-9compliance.com

CA City Requires Businesses to Use E-Verify on New Hires

by Staff Writer December 29, 2009

According to a story on the Los Angeles Times website, businesses in the city of Lancaster, California will be required to use E-Verify to check the employment eligibility of potential workers and ensure that all their new hires are eligible to work in the United States.

E-Verify – a free, Internet-based federal program – allows employers to compare information provided by job seekers with millions of records kept in databases by the Social Security Administration (SSA) and the Department of Homeland Security (DHS), the Times reports.

Citing government statistics, the Times reports that more than 175,000 employers are currently enrolled in the E-Verify program, and over 8.5 million queries were run through the system in fiscal year 2009.

Companies refusing to comply with Lancaster’s law requiring the use of E-Verify risk having their business license revoked, according to the Times.

A designated E-Verify service agent, I-9Compliance.com — a web-based I-9 Form/E-Verify solution from nationally recognized employment screening provider Pre-Employ.com — is pre-integrated with the DHS’ E-Verify electronic employment eligibility verification system and helps employers ensure I-9 compliance, eliminate errors, and avoid government audits.

For more information about maintaining I-9 compliance, view a complimentary on demand webinar “E-Verify & Federal Contractors: Know The Facts,” visit www.i-9compliance.com, email info@i-9compliance.com, or call 1-800-300-1821.

pr@i-9compliance.com

Target Performs Internal I-9 Compliance Check on Store

by Staff Writer December 21, 2009

According to a report in the Contra Costa (CA) Times, an internal I-9 compliance probe at a downtown Walnut Creek, California Target store led to 50 immigrant workers leaving their jobs. Target sent a team to investigate the store after an allegation that illegal immigrants worked on the night shift attracted the attention of the corporate headquarters of the 1,700-store chain, the Contra Costa Times reported.

Target said its probe was an I-9 compliance check, the Contra Costa Times reported, and not a layoff. The term “I-9 compliance” refers to the Employment Eligibility Verifications form – also known as the I-9 form – that all employees must fill out when they are hired to verify their ability to work in the United States, and workers must show documents such as Social Security cards to prove they are eligible to work when completing the I-9 form.

The Contra Costa Times reported that some workers at the Target store were questioned in November about their eligibility to work in the United States, prompting most of them to voluntarily resign. In addition, a shift in federal policy may be behind Target's move as the government is cracking down on employers who hire illegal workers by inspecting their work records – including I-9 compliance – and threatening them with fines, according to the Contra Costa Times.

Some observers see Target's actions as a sign that more employers will take illegal immigration and I-9 forms more seriously. To avoid government audits and I-9 compliance checks, employers need to ensure that their I-9 forms are in proper order. A designated E-Verify service agent, I-9Compliance.com — a web-based I-9 Form/E-Verify solution from nationally recognized employment screening provider Pre-Employ.com — is pre-integrated with the DHS’ E-Verify electronic employment eligibility verification system and helps employers ensure I-9 compliance, eliminate errors, and avoid government audits.

For more information about maintaining I-9 compliance, view a complimentary on demand webinar “E-Verify & Federal Contractors: Know The Facts,” visit www.i-9compliance.com, email info@i-9compliance.com, or call 1-800-300-1821.

pr@i-9compliance.com

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