First Civil Complaint Filed to Enforce Legal Arizona Worker's Act

Posted on November 19, 2009 by Christopher McKinney

County Attorney Andrew Thomas issued a press release this week announcing that his office has filed the state’s first employer sanctions case, a civil complaint against an employer accused of violating the Legal Arizona Worker’s Act. The civil action alleges that a Scottsdale company allegedly hired illegal labor deliberately by using a “subcontractor” which was in reality an employee who was not authorized to work in the United States.

According to the release, in January 2009, the Maricopa County Sheriff’s Office made a number of identity theft arrests after learning illegal immigrants were employed at the business. The civil complaint alleges that an illegal worker who voluntarily returned to Mexico returned to Arizona and created a company to provide services and labor solely for the the charged company. The complaint alleges that the company, which was formed in April 2009, was established to circumvent the Legal Arizona Worker’s Act. 

 

You can read the entire press release here

 

Many states are either implementing or contemplating similar laws so this case will be an interesting one to keep an eye on.

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Department of Labor Requires Employers to Use Updated Form I-9

Posted on April 9, 2009 by Christopher McKinney

As of April 3, 2009, all U.S. employers are required to use a new revised Form I-9.The revised Form I-9 reflects changes made to the list of documents acceptable for Form I-9 in accordance with the Department of Homeland Security’s final rule.

Changes under the new rule:

  • Requires that all documents presented during the verification process be unexpired;
  • Eliminates List A identity and employment authorization documentation Forms I-688, I-688A, and I-688B (Temporary Resident Card and outdated Employment Authorization Cards);
  • Adds foreign passports containing certain machine-readable immigrant visas to List A;
  • Adds to List A as evidence of identity and employment authorization valid passports for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI), along with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI

The biggest difference in the revised Form I-9 is that all documents presented during the verification process must be unexpired.

Downloads:

December 22, 2010 Update: Updated Link to the handbook.

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