The End of DACA – Effects on Employers

A day after Labor Day, President Trump’s Administration announced the withdrawal of DACA (known as Deferred Action Childhood Arrivals) program.  DACA generally involves supplying undocumented individuals some relief if they arrived in the US before the age of 16 and meet other requirements.  While DACA defers any deportation in specific circumstances, it also permits the recipient to work in the US with a work authorization.

In the US, an employer is prohibited from employing a person not authorized to work in the US.  The withdrawal ultimately results in the loss of the DACA employee’s work authorization.

While the withdrawal effects nearly 700,000 DACA employees in the US, it also affects their employers.  It is predicted about 30,400 DACA recipients will lose their work authorizations each month under the planned withdrawal.

The effects of DACA winding down are major concerns for DACA recipients but soon employers will be addressing the loss of DACA employees. Addressing the issues now, positions an employer to minimize the impact of DACA ending.   Employers and DACA employees should also seek counsel from an attorney with DACA and employment law experience.

DACA

Advertisements

Three Best – Employment Lawyers

The ThreeBestRated.com selected attorney, Trinidad Galdean, as one of the 3 Best Employment Lawyers in Wichita, Kansas.  The site uses its 50-Point Inspection that includes “checking customer reviews, history, complaints, ratings, satisfaction, trust, and cost to the general excellence.” Trinidad was the only individual attorney selected.  Trinidad represents businesses, management and individuals in employment and immigration legal matters.  While he is licensed in Kansas, Texas, Oklahoma, Iowa, and Nebraska, Trinidad represents clients throughout the U.S.

With 25 years of legal experience, Trinidad is a frequent speaker on employment and immigration topics to Human Resource associations, Chambers of Commerce, Municipal associations, and other industry associations in various states.

Attorney, Trinidad Galdean, Speaks on Immigration Updates for a PBS Television Program

The Public Broadcast Station (“PBS”) affiliate, Smokey Hills Public Television, recently invited Attorney, Trinidad Galdean, as a speaker on immigration legal updates.  The other guests included Finney County Sherriff Kevin Bascue and El Perico Journalist, Marco Alcocer.  The Hosts, Harold Orosco and Celia Earl, covered various topics and questions which concern for many communities and individuals related to immigration.

Trinidad discussed the evolution of immigration laws and changes leading the current immigration enforcement.  With Trinidad’s background with business-employment matters, he also discussed the implication of immigration issues for employers, businesses, and farmers.

Any individual, business, or community with concerns over the immigration changes needs to become better informed.  This PBS program helped to provide some information and answer the public’s concerns.

What should Employers do with Employment-Based Visas considering the Post-Election activity?

With the Presidential election over and recent Cabinet appointments, changes on  immigration policy will likely occur in some fashion.  Recent President-Elect’s comments and the appointment of Sen. Jeff Sessions as Attorney General give some indication of stronger immigration enforcement in the near future.  So, what does this mean for Employers and how should Employers begin to plan for any change in employment-related immigration policy?

For Employers with workers on employment-based visas, the Human Resource department should audit these visas and related visa expiration dates.  This enables an Employer to address changes on any visa renewals or adjustment of visas once the new Administration focuses on immigration issues in the U.S.   This also enables Human Resource professionals to plan ahead for any potential changes in the employer’s workforce.

The Post-Election activity also hints that employers should evaluate its immigration compliance procedures.  Anticipating an increase of immigration enforcement means the employer should audit its compliance practices on immigration matters.  This includes auditing Form I-9s, immigration practices (like E-Verify), and compliance files.

Ultimately, the employer will want to be in the best position to address any changes in employment-based visas and compliance efforts.

While the above provides some issues for employers to consider, an employer with any questions, should contact an experienced immigration-employment attorney. immigration-reform

Employer Immigration Compliance Update

form-i-9-photo

Today the USCIS published the new Form I-9 for employers to use. By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016 N. Until then, an employer can continue to use the version dated 03/08/2013 N or the new version.

The changes in the new Form I-9 include the following:

  • Section 1 asks for “other last names used” rather than “other names used.”
  • The addition of prompts to ensure information is entered correctly.
  • The ability to enter multiple preparers and translators.
  • A dedicated area for including additional information rather than having to add it in the margins.
  • A supplemental page for the preparer/translator.

This new change should key employers to not only update the Form I-9 but also to update their training and immigration compliance practices. Employers with questions about immigration compliance should contact an experienced employment immigration attorney.

Employer’s Compliance with ACA Non-Discrimination Rules – Languages other than English

The non-discrimination rules, under the Affordable Care Act (ACA), took effect Oct. 16. These new rules require posting of specific notices that also relate to limited English proficiency. Some of the posted statements must be written in languages other than English. Employees, especially those not proficient in English, should recognize an employer’s obligation of making employee benefit information understandable. At a minimum, employers should ensure that employee benefit design decision are adequately documented. As with compliance on any non-discrimination rules, employers should seek advice of experienced employment attorneys to address the rules. The link provides a summary on this issue: https://www.shrm.org/ResourcesAndTools/hr-topics/benefits/Pages/ACA-final-nondiscrimination-rules.aspx?utm_source=SHRM%20Friday%20-%20PublishThis_HRDaily_7.18.16%20(21)&utm_medium=email&utm_content=October%2028,%202016&SPMID=00655820&SPJD=02/20/2001&SPED=08/31/2017&SPSEG=&spMailingID=26916563&spUserID=MjIyOTY3MzE3NzUyS0&spJobID=905063836&spReportId=OTA1MDYzODM2S0aca-puzzle

New Employment & Immigration Law Firm

Years ago, there were Open Houses when a business opened. Today, with websites there are Launch Dates.  We are excited to announce the website for our new Employment & Immigration Law Firm at http://galdean.com/. Please share your comments or sign up for periodic Blogs and Newsletters coming soon.galdean_law-logo-2

Employee Time Off to Vote

In this Presidential Election, most people are planning to vote. Each year Employers and employees ask about taking time off work to vote especially when the employee is busy working most of the day.  The attached link provides information on each States Voting laws and taking time off to vote.  Most employers also have policies on this issue.  If there are any questions, the employer or employee should ask an experienced employment attorney. http://www.findlaw.com/voting-rights-law.html

american_flag_1945921

EEOC’s New Strategic Plan on Employer Enforcement

The EEOC approved its new Enforcement Plan for 2017-2021. The Plan keeps the same priority areas as previous years but adds two more areas.  It adds 1) issues related to complex employment relationships and 2) backlash discrimination against those who are Muslim, Sikh, and Arab, Middle Eastern or South Asian descent.  The Plan and new areas will likely evolve over the next year as the EEOC gets a new General Counsel when the current General Counsel leaves in December. https://www.eeoc.gov/eeoc/plan/sep-2017.cfm

Tips on Employee Disabilities

327_m20120816-17262-15zxqnx1

Health problems are the No. 1 reasons for people leaving the workforce early (Survey by Employee Benefit Research Institute). When disabilities or health impairments involve the employee’s ability to perform their job, employers need to look at these issues closely.  The following provides a checklist.  Additionally, employers and employees should address these issues with an experienced employment attorney. https://www.shrm.org/hr-today/news/hr-magazine/1016/Pages/5-tips-for-addressing-employees-with-disabilities.aspx?utm_source=SHRM%20Tuesday%20-%20PublishThis_HRDaily_7.18.16%20(17)&utm_medium=email&utm_content=October%2004,%202016&SPMID=00655820&SPJD=02/20/2001&SPED=08/31/2017&SPSEG=&spMailingID=26690690&spUserID=MjIyOTY3MzE3NzUyS0&spJobID=900593926&spReportId=OTAwNTkzOTI2S0