Login

San Diego-Area Bakery Officers Indicted For Undocumented Workers, I-9 Violations

April 21, 2010 - A San Diego Area-French bakery, its owner and manager have been charged in a 16-count indictment for hiring undocumented aliens as workers. The indictments resulted from an investigation by the U.S. Immigration and Customs Enforcement (ICE) during which it found that the business knowingly hired undocumented workers. The indictment alleges that the defendants conspired to engage in a pattern or practice of hiring and continuing to employ unauthorized workers. Charges were also entered for making false statements and shielding undocumented alien employees from detection.

It is further alleged that the Defendants engaged in I-9 compliance violations by certifying that said undocumented workers presented documents showing eligibility to work even though they had received "no match" letters from the Social Security Administration (SSA). In addition to criminal penalties and a fine, the indictment seeks criminal forfeiture of proceeds gained from the corporation’s unlawful activities.

pdf [Read The ICE News Release On the Indictment for Hiring Undocumented Workers]

Managers of 2 Suburban Chicago Companies Charged With Hiring Illegal Aliens

April 26, 2010 - Charges were filed against the President and Office Manager of two Chicago suburban companies that allegedly supplied temporary workers to suburban warehouses. It is alleged that the 2 suburban staffing companies knowingly hired illegal aliens, sent them to work in various suburban locations, paid the workers in cash and failed to deduct and/or remit employment taxes in connection with those employees.

The charges resulted from investigations conducted by ICE and U.S. Department of Labor’s Office of Inspector General. If convicted, unlawfully hiring illegal aliens carries a maximum penalty of five (5) years in prison and a $250,000 fine.

pdf [Read The ICE News Release On the Charges For Illegal Alien Hiring]

LA Employers Criminally Charged for Hiring Illegal Aliens

September 23, 2010 - Los Angeles area employers have been criminally charged with hiring illegal aliens. The owner and top executive of a metal casting company were arrested by ICE officers. The agents also executed a federal search warrant at the business as part of its ongoing investigation of the business's hiring practices.

Both are charged with continuing to employ unauthorized aliens after ICE had notified them that some of their employees were working with counterfeit green cards. The employers allegedly indicated that the subject employees had been terminated. However, it was subsequently revealed that two of the unauthorized had remained on the payroll after the employer had directed them to go out and get "good" social security numbers.

pdf [Review the USCIS Memo Regarding the Criminal Charges]

EEOC Issues Final Rules on Genetic Information Nondiscrimination Act

On November 9, 2010, the U.S. Equal Employment Opportunity Commission issued the final regulations under the Genetic Information Nondiscrimination Act (GINA) of 2008. GINA makes it illegal for employers to discriminate against individuals including job applicants, current and former employees, on the basis of genetic information. Under this act, genetic information specifically refers to details about an individual’s genetic tests, those of their family members, family medical history, or the appearance of a disease or disorder.

The regulations under GINA will become effective beginning January 2011. The following are some of the specific regulations that will be implemented.

  • Employers are prohibited from making employment decisions on the basis of genetic information and family history. Such employment decisions includes hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment.
  • Employers are not allowed to acquire genetic information and family medical history about applicants, employees, former employees, etc.
  • Harassment of a person because of his or her genetic information is prohibited. It is unlawful to make derogatory or offensive remarks about the applicant or employee’s genetic information or that of the individual’s relatives.
  • The use of genetic information to make decisions about health insurance is prohibited.
  • It is illegal for a covered entity to reveal genetic information about applicants, employees or members.

Although the Act is meant to prohibit the acquisition and disclosure of genetic information, the EEOC stated that there are six exceptions. One of these exceptions permits employers to use genetic information when it relates to voluntary wellness programs regardless of whether or not a financial incentive is involved. 

Review Title II of the Genetic Information Nondiscrimination Act of 2008

-->