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Archive for July, 2009

Undocumented Donut Makers Get Fined

Wednesday, July 8th, 2009

Immigration and Customs Enforcement (ICE) announced today that it had reached a $40,000 fine settlement with the Krispy Kreme Doughnut Corporation for immigration hiring violations arising from an I-9 audit conducted in 2007. ICE initiated the I-9 inspection after receiving information from the local County Sheriff’s Office which indicated that Krispy Kreme was employing dozens of undocumented workers at one of their doughnut factories in Cincinnati. According to the ICE announcement, the company has agreed to revise its immigration compliance program and begin implementing new procedures to prevent future violations.

As previously reported, ICE announced a major shift in work site enforcement this year by focusing on employers who fail to properly complete the Form I-9. Last week, ICE issued I-9 audit notices to 652 employers across the country with a large percentage going to companies in the Los Angeles, California and Houston, Texas markets.

On July 1, 2009, several state E-Verify mandates will go into effect, affecting employers in Georgia, Mississippi, South Carolina and Utah. Most of these laws were enacted some time ago, and are being implemented in stages as indicated below. Here is a quick summary of these new state requirements as of July 1, 2009:

Georgia: all state contractors and subcontractors must use E-Verify if the contract is for the physical performance of services within the state of Georgia. Previously, only state contractors with 100 or more employees were impacted.

Mississippi: all employers with 100 employees or more must participate in E-Verify. This law will expand to include employers with 30 or more employees in July 2010 and all employers in July 2011.

South Carolina: all employers with 100 employees or more must either participate in E-Verify or only hire employees who possess or qualify for a South Carolina driver’s license (or other state license with similarly strict requirements). This law will expand to include all employers in July 2010.

Utah: state contractors and subcontractors must use E-Verify or the Social Security Number Verification Service (SSNVS) if the contract is for the physical performance of services within the state of Utah.

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