Creating Policies And Procedures In Preparation Of Future Immigration Changes
Even though the Supreme Court did not uphold DACA+ and DAPA, immigration reform is still at the forefront. DACA+ and DAPA could have greatly expanded the number of individuals that had legal work permits, though this did not happen, it is still important to have policies and procedures in place for future immigration reform. Delaying on implementing these policies and procedures will make it more difficult for the company in the future.
Here are some tips to help you get there:
1. Understand unions and their influence on immigration reform
It is also important for the company to understand unions and the influence they hold. Unions will tell your employees they are trying to protect them, when in actuality they are just trying to increase their membership numbers. It is a good policy to openly discuss unions with your employees and how the lines of communication between employer-employee is less obstructed in a union free workplace.
2. Understand immigration consequences for criminal convictions
It’s important to inform your employees about DACA II and DAPA. There are restrictions for individuals that have a criminal background and it is important that those individuals know their best policy is to contact an experienced attorney. You will be better able to assist with this if you maintain a list of qualified attorneys in the area.
3. Continue I-9 compliance
Don’t let your guard slip with maintaining Form I-9 compliance at all times. Your company should not wait until there is a Notice of Inspection issued by the Immigration and Customs Enforcement (ICE). Form I-9s need to be properly completed, retained, and audited and you should make a copy of the documents that the employee presents.
4. Keep your pay practices in order
In order to maintain compliance you should review your pay policies and make sure they comply with the law. The Department of Labor (DOL) and attorneys are reaching out to undocumented workers to ensure they are being paid as they should be and finding class action plaintiffs against employers. Make sure you are paying your employees properly to ensure your company does not end up in a class action suit.
If you have any questions, need to ensure compliance with federal regulations, or need to update or create company policies and procedures, you should contact an experienced labor and employment attorney.
Jacob Monty is the Managing Partner at Monty & Ramirez LLP in Houston, Texas.