HR Management & Compliance

Ask the Expert: How Should Employers Prepare for Worksite Enforcement Investigations?

Question: We’re worried there may be an increase in worksite enforcement investigations. What can we do to prepare?

Answer: There was a surge in worksite enforcement investigations in fiscal year 2018 by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and they’re expected to surge again. ICE uses the I-9 inspection program to promote compliance with the law—part of a comprehensive strategy to address and deter illegal employment. Beyond I-9 compliance, the Department of Labor (DOL) may perform site visits to investigate wage and hour issues, unfair labor practices, and even H-1B-sponsoring employers’ public access files.

In anticipation of the increase, the following actions may help deter and minimize risks and issues:

  • Performing internal I-9 audits;
  • Enrolling in E-Verify;
  • Auditing your public access files and permanent labor certification program (PERM) five-year audit files if your company has a visa sponsorship program;
  • Examining contracts with staffing agencies regarding their employment authorization verification practices;
  • Assessing whether your workers are employees or contractors; and
  • Training your managers and staff on how to properly prepare materials and what to do if there’s a site visit.

If you’ve received a site visit, please reach out to your legal counsel.

Ann Lee is an attorney with Holland & Hart LLP in Denver and can be reached at ahlee@hollandhart.com.

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