Immigration Status Doesn’t Preclude Enforcement Of Employment Laws

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in Human Resources

As every employer who has been faced with filing I-9 forms and checking work eligibility papers knows, the illegal alien employment issue has been around for decades, and has even engendered several new twists to the usual problems.

1. Third-party responsibility. In 2005, Wal-Mart agreed to hand over $11 million as a "donation" to the Immigration and Customs Enforcement division (formerly the INS) of Homeland Security. The problem: A number of independent contractors it had hired to clean its stores were employing illegal aliens. Those contractors also forked over $4 million.

Good moves: Even with a true contractor relationship, you can get caught up in the legal eligibility whirlwind. Before you hire a contractor, get a guarantee, in writing, that it verifies workers' employment documents and does not knowingly hire illegal aliens. Consider conducting your own audit of their records. Ask to spot-check random I-9...(register to read more)

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