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EMPLOYERS NEED TO PREPARE FOR IMMIGRATION REFORM NOW
by: Eli M. Kantor
 
On Thursday, May 25, 2006, in a historic vote, the U. S. Senate passed the most signifcant immigration reform law in 20 years. This comprehensive immigration reform bill addresses 3 difficult problems: 1) securing our borders; 2) creating a temporary guest worker program to address labor shortages; and 3) what to do with the estimated 12 million undocumented immigrants in the country.

The bill now goes to the House/Senate conference committee where it must be reconciled with the House bill which was past last December. The House bill only deals with the first issue: "securing our borders". It is "enforcement only". The rationale behind it is that first we need to reassert control over our borders. It proposes to build a 700 mile fence along the border with Mexico, adding 6,000 new border patrol agents, and it makes "unlawful presence in the US" into a felony. It also calls for more "interior enforcement" that is cracking down on employers, who employ undocumented workers. It raises the maximum fine for knowingly employing an undocumented worker from $10,000 to $40,000 and it includes criminal sanctions for repeat violators. The Senate version also calls for stiffer enforcement in the workplace, doubling the penalties for employers from $10,000 to $20,000.

At this time, it is uncertain what the final immigration reform bill will look like or whether it will pass at all this year. However, one thing is certain - there will be more enforcement in the workplace, with or without a new law. Right now, due to all of the political pressure, Immigration has already started to enforce the existing laws more vigorously. Therefore, it is incumbent upon all employers to conduct a "preventative internal I-9 audit" now, before they are audited by the government. Employers are required by law to complete a Form I-9, Employment Verification Form, for all of their employees at the time of hire, certifying that they have reviewed the employees documents and that they are authorized to work in the US. This is required for all employees, even native born US citizens. Further, if an employee's work authorization expires, the employer is required to fill out a new I-9 form with the updated information. Failure to do so may subject the employer to civil and criminal penalties.

ELI M. KANTOR

9595 Wilshire Boulevard, Suite 405

Beverly Hills, CA 90212

(310) 274-8216

dreli173@aol.com

www.beverlyhillsimmigrationlaw.com

 
About the Author
Eli M. Kantor is an attorney in private practice in Beverly Hills, California. Mr. Kantor represents employers in all aspects of labor and employment law, including cases involving wrongful discharge litigation, employment discrimination, sexual harassment, wage and hour laws, independent contractor status, employee handbooks and personnel practices, NLRB representation elections, union contract negotiation and grievance/arbitration, ERISA and Pension Trust Fund matters, construction labor law, entertainment labor law and immigration law. Mr. Kantor received his B.A. Magna Cum Laude from U.C.L.A. in 1973 and his J.D. in 1976 from Loyola Law School. Mr. Kantor was a Trial Attorney at Region 21 of the National Labor Relations Board from 1976-1980. Since 1981, Mr. Kantor has been in private practice in Beverly Hills, specializing in Labor and Employment Law. He has lectured at U.C.L.A. Extension; at the U.C.L.A. Institute of Industrial Relations, and at numerous continuing education programs on employment related topics. He has conducted numerous seminars on Sexual Harassment Prevention Training. In addition, he has written numerous articles on labor and employment law, and has achieved Martindale-Hubbell's highest accolade: an AV rating. Mr. Kantor is a member of the California State Bar and is also admitted to practice before the United States District courts for the Central District and Southern District of California, and the Ninth Circuit Court of Appeals. Mr. Kantor is also a member of the Labor Law Sections of the American Bar, California Bar, Los Angeles County Bar and Beverly Hills Bar Association. In addition, Mr. Kantor is a member of the U.C.L.A. Institute for Industrial Relations.

 
 
This article was posted on June 12, 2006
and reads 407 times.
 
 
     
  

 
 
Thu, 21 Aug 2008 02:54:36 -0600
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