The U.S. Citizenship and Immigrations Services (USCIS) March 17 announced three initiatives they say are designed to make the E-Verify employee verification system stronger and more efficient.
Under the first initiative, USCIS and the Department of Justice signed an agreement that will allow the two departments to communicate better on cases involving E-Verify misuse and discrimination. USCIS also has created an employee hotline (888-897-7781) that will be active April 5 and will allow workers to obtain information about E-Verify and their rights under the program in addition to being able to file complaints. Finally, two new training videos are available that focus on procedures, employee rights and employer responsibilities under the E-Verify system. The videos are available by visiting www.dhs.gov/e-verify.
The announcement of the new initiatives comes just months after a Jan. 28 report stating that E-Verify wrongly authorized about 54 percent of illegal immigrants to work in the United States. A September 2009 rule makes the use of E-Verify mandatory for all federal contractors, but it is still available to non-federal contractors on a voluntary basis.
HEALTH CARE BILL BECOMES LAW; ABC SUPPORTS REMOVAL OF EMPLOYER MANDATE: President Barack Obama March 23 signed into law the Affordable Health Care for America Act, following passage of the bill by the U.S. House of Representatives two days earlier. The Senate also began 20 hours of general debate the same day on the “Health Care Education Reconciliation Act of 2010” (H.R. 4872) – also known as the reconciliation package - which would make changes to the bill already signed into law. Under reconciliation rules, Senators can offer an unlimited number of amendments and voting on those will begin March 24, including a vote on motion by Sen. Mike Enzi (R-Wyo.) to strike the employer mandate and send the bill back to the Senate Finance Committee.
ABC March 24 offered its support for the Enzi motion in a letter, writing that while federal mandates would be objectionable at any time, with the unemployment rate at 9.7 percent across all industries, imposing the mandate now indicates “a fundamental failure to understand the needs of small businesses and our economy.” ABC also pointed out that the Congressional Budget Office said the mandates were likely to reduce employment.
Due in part to the negative effect increased taxes and sweeping mandates contained in the health care bill would have on employment, especially in the construction industry, ABC President and CEO Kirk Pickerel condemned the billsaying, “the only thing historic about the health care reform bill is the record level of taxes and federal government mandates placed on America’s construction industry.”
Now ABC is speaking outagainst the Health Care Education Reconciliation Act of 2010 (H.R. 4872), which also raises taxes while failing to address the rising costs of health care.
ASK A LAWYER:
Question: How do I stop John Doe from slamming my company online?
Answer: Determine Doe’s identity by subpoena if necessary, demand that Doe stop, and if all else fails, seek a court order enjoining the Doe.
What is the problem?
A ticked-off former employee or a competitor sounds off against your company online under an assumed cloak of anonymity. As the popularity of internet-based information exchanges such as craigslist.com increases, statements posted online may become a greater threat to your company’s reputation.
Is it lawful?
In general, speech is lawful if it is truthful or constitutes the speaker’s mere opinion. If speech is untruthful or places your company in a false light, it is actionable. Some speech, even if truthful, may nonetheless be actionable. For example, if the speech damages a business relationship, the speech may constitute tortious interference with a business relationship or expectancy. Another example is where the speaker reveals confidential company information in which case the speaker may be liable for misappropriation of a trade secret.
How do I stop it?
Step 1: Identify the Doe. If you know the speaker’s true identity, this step is easy. If you do not know the identity of the speaker, you will need to subpoena the information from the website sponsor.
Step 2: Make a demand. Send a formal letter to the speaker demanding that he cease making statements and remove any statements already posted online. Sending a formal letter has two advantages. First, the letter may be effective and thereby save the expense of a lawsuit. Second, if the letter is ineffective, your attempt to resolve the matter will be preserved and will place you in a more favorable light before a court.
Step 3: Seek judicial intervention. Request that a court enjoin the speaker from making statements and, if appropriate, order the speaker to remove statements. You may also seek damages from the speaker.
If your company becomes the target of online name smearing, feel free to contact Jerry Pigsley of Harding & Shultz, ABC Chapter counsel, (402) 434-3000, jpigsley@hslegalfirm.com.
ILLEGAL WORKER UPDATE: On February 3, the owner of a construction company in Missouri was sentenced to five years of probation and ordered to pay the government $221,000 in fines and forfeitures for hiring illegal workers. The owner of the construction company pleaded guilty in September, 2009 to a misdemeanor count of hiring illegal aliens in violation of federal law. The penalty represented profit the construction company gained from the labor of the illegal workers and a fine of $36,000 representing a fine of $3,000 for each of the 12 illegal workers. In a separate, but related, case, the owner of another construction company in Missouri was sentenced to three years of probation on January 26 after pleading guilty to allowing four illegal aliens who were employees of his construction company to live at his residence. If there is any question remaining that the construction industry is “an industry of interest” to the Department of Homeland Security with respect to violations of the Immigration and Nationality Act, these cases should answer the question. Construction companies will increasingly be subjected to personnel audits during 2010 and the balance of the Obama Administration. Failure to properly complete I-9 forms and otherwise ensure that illegal aliens are not being hired could result in federal court proceedings which might result in probation, or more.
By Bill Harding, Chapter Attorney
Training Classes
Management & Safety Class Schedule
MARCH & APRIL 2010
OSHA 10 Hour Class
OSHA requires a competent person on all job sites. This course ensures that your people have the necessary training to comply with OSHA standards CFR
1926.32(f) for a competent person. Training includes OSHA Construction Standards CFR 29 1926, Scaffolds, Ladders and Stairways, Housekeeping, Personal Tools, Electrical Hazards, Fall Protection, Materials Handling, Hazardous Communications and much more!
**CFR 192 OSHA Regulations Book for the Construction Industry with new steel erection standards will be available for $25.00** each for class participants.
$135.00 each attendee – Member Price/$240.00 each attendee – Non-Member Price
¨ March 31, 2010 - – 7:00 a.m. – 5:30 p.m. – OMAHA
First Aid/CPR Classes We have a newly purchased state-of-art AED trainer
$50.00 each attendee – Member Price/$60.00 each attendee – Non-Member
Recertification only - $40.00 each attendee – Member Price/$50.00 each attendee – Non-Member Price
¨ March 30, 2010 – 7:00 – 11:00 a.m. – OMAHA
¨ April 1, 2010 – 7:00 – 11:00 a.m. – LINCOLN
¨ April 14, 2010 – 7:00 – 11:00 a.m. – LINCOLN
¨ April 15, 2010 – 7:00 – 11:00 a.m. – OMAHA
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Omaha Classes are held at the Education Center, 2602 Harney Street, Omaha
Lincoln Classes are held at the Training Center, 830 Westgate Blvd., Lincoln
PLEASE DUPLICATE THIS FORM FOR MULTIPLE CLASSES
Company: Address:
Phone: Fax:
Names (please print): Class/Date:
Cost:
Class/Date:
Cost:
Names (please print): Class/Date:
Cost:
Return Registration Form and Check Payable to Associated Builders & Contractors
830 Westgate Blvd., Lincoln, NE 68528 FAX 402-477-4522
Email-debh@abcnebraska.org