This post was supposed to be about the urgent need for advice on workplace raids and I-9 audits–which are happening at a brisk pace. But while we were sleeping, the new administration took action to remake the NLRB and the EEOC. Let’s unpack these topics quickly, before the next round of changes.
IMMIGRATION CRACKDOWNS: There are important facts to know for your workplace. We have issued a client alert and strongly recommend you take a look at it.
I-9: The drama of raiding the workplace and removing undocumented workers may get all the attention but the inspection of your I9 documents is more likely. ICE and the DHS have the authority to appear at your workplace with or without notice to demand inspection of various types of employment data, including I-9 forms. Non-compliance–which can include mistakes on the form–can result in significant fines. Consider conducting an internal I-9 audit now and training employees who handle the forms to avoid problems later.
ICE Raids: Know your warrants, which you should inspect, but do not interfere with lawful actions. Develop a Rapid Response Plan and share with staff. We explore more details on raids here.
EARTHQUAKE AT NLRB & EEOC
President Trump removed NLRB member Gwynne Wilcox and EEOC Commissioners Jocelyn Samuels and Charlotte Burrows. Will those removals survive any legal challenges? A big maybe.
What is the impact for your workplace? Neither agency has a quorum now, which means limited functioning. Think rule-making and decisions. Delay and uncertainty will be the new normal. These unprecedented times are not easy.
The best way to deal with the constant change is to stay informed, reach out with any questions, and be prepared to pivot. We will keep the information coming. Do not abandon compliance with existing laws–remember your state laws still matter too.
Questions? We can help.