The Federal Immigration Law

The Federal Immigration Law

The Federal Immigration Law

$89.00

Author: Richard J. Simmons
Publisher: Castle Publications
Edition: Second
Pages: Over 60
Format: Print only

Description

The Immigration Reform and Control Act establishes rules for all employers throughout the country. It prohibits the employment of unauthorized aliens, as well as the continued employment of such individuals. It also requires every employer to screen all job candidates who receive job offers to determine their true identity and legal authority to work in the U.S. This publication provides an understandable analysis of the law and its rules.

Among the subjects addressed in this publication are the following:

  • Employer Obligations
  • Pre-Employment Practices
  • Required Forms
  • Use Of Contract Labor
  • Recruitment Practices
  • Copying Documents
  • Sample I-9 Form
  • Penalties
  • Sample Language For Applications
  • Employment Verification Rules
  • Wrongful Discharge Issues
  • Impact On State Laws
  • Defenses To Liability
  • Forms Used For All New Hires
  • Record-Keeping Rules
  • Changes To Application Forms

Table Of Contents

SECTION 1          INTRODUCTION

1.1                History And Scope Of Employer Coverage

1.2                Effective Dates

SECTION 2          EMPLOYER RESPONSIBILITIES AND SANCTIONS

2.1                Initial Hiring Decisions

2.2                Continued Employment Of Unauthorized Aliens

2.3                Employment Verification System

2.4                Penalties

2.5                Independent Contractors And Contract Labor

SECTION 3          EMPLOYMENT VERIFICATION SYSTEM

3.1                Documents That Must Be Inspected

3.2                Referrals By State Employment Agencies

3.3                Statements Under Penalty Of Perjury

3.4                Timing Of Verifications

3.5                Record Retention Rules

SECTION 4          LEGALIZATION AND AMNESTY PROVISIONS

4.1                Conditions Of Amnesty — Adjustment To Temporary Status

4.2                Disqualifications

4.3                Adjustment To Permanent Resident Status

4.4                Loss Of Temporary Resident Status

4.5                Penalties For Falsifying Applications

4.6                Special Rules For Seasonal Agricultural Workers

SECTION 5          CRIMINAL AND CIVIL SANCTIONS

5.1                Penalties For Unlawful Employment

5.2                Multiple Establishments

5.3                Penalties For Violating The Employment Verification Rules

5.4                Criminal Sanctions

SECTION 6          ANTI-DISCRIMINATION RULES

6.1                Introduction

6.2                IRCA Discrimination Provisions

6.3                Title VII Provisions

SECTION 7          DISQUALIFICATION FROM PUBLIC WELFARE ASSISTANCE

SECTION 8          EFFECT OF STATE LAWS

SECTION 9          AGRICULTURAL WORKERS — SPECIAL AMNESTY RULES

9.1                Special Rules For Adjustment To Temporary Status

9.2                Adjustment To Permanent Resident Status

9.3                Replenishment Program

9.4                Grace Period For Compliance With Employment Rules

SECTION 10         ENFORCEMENT AND REGULATORY AUTHORITY

APPENDIX A       AT-A-GLANCE REVIEW OF IMPORTANT DATES IN IMMIGRATION REFORM LAW

APPENDIX B       OFFICIAL EMPLOYMENT ELIGIBILITY VERIFICATION FORM (FORM I-9)

About The Author

Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.

Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.