Last month, clothing retailer Abercrombie & Fitch was fined in excess of $1 million by U.S. Immigration and Customs Enforcement over an issue with the company’s compliance with employment eligibility practices in accordance with the Immigration and Nationality Act.
With the focus by the government on this issue at a higher level than any time in the past, the Form I-9 and the E-Verify system are issues that are pertinent to many precasters across the country.
It’s important employers have in place quality processes during the hiring process. Although it was found Abercrombie did not knowingly hiring unauthorized workers, the case was focused on its employment processes; specifically it’s electronic I-9 system.
Using an electronic I-9 system is a popular choice among employers, but it must be used in conjunction with well-trained HR representatives that are also trained on the legal and documentation requirements. The electronic systems assist with recognizing expirations of work documents and missing information. This, in conjunction with an HR representative, will ensure the company is in full compliance with federal and state regulations.
Given the sheer number of unauthorized workers currently in the U.S., an estimated 11 million (including 7.8 million in the workforce), due diligence on this issue is imperative. For more information on compliance with regulations, visit the Federal Form I-9 compliance page here. If you have additional questions, talk with your attorney or with an immigration official in your area.
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