Employer Liability for Undocumented Workers

On April 20, Homeland Security Secretary Michael Chertoff warned employers that the federal government had launched an intensified campaign on businesses that rely on large numbers of undocumented workers.

The announcement followed the nation’s largest-ever work-site enforcement action. -- the arrest of almost 1200 workers and seven company officers at IFCO Systems.

This year has seen unprecedented attention on the issue of undocumented aliens in the United States. Millions of immigrant protesters demonstrated in the streets of major U.S. cities last month while the Senate hotly debated the issue of immigration reform.

The Supreme Court is set to review whether an employer is subject to RICO claims on its practices related to hiring undocumented workers. Mohawk Industries' hourly employees claimed that hiring undocumented workers depressed their wages and cost them thousands of dollars in workers’ compensation.

Listen as our panel of immigration and employment law specialists provide employers with perspective on the current enforcement environment and practical guidance for protecting your business from penalties and litigation.

Paul F. Mickey, Partner, Steptoe & Johnson, Washington, DC, focuses his practice on counseling employers. He is particularly active in defending EEO and contract claims; handling internal investigations; and negotiating and resolving controversies under executive employment agreements.

Denyse Sabagh, Partner, Duane Morris, Washington, DC, is the head of the firm's Immigration Practice Group. She has more than 25 years' experience counseling corporate clients in managing both inbound and outbound employment immigration and in developing strategic business immigration programs and policies.

Rebecca L. Sigmund, Counsel, Powell Goldstein, Atlanta, is the firm's Practice Group Leader, Immigration Team. She advises employers on complying with procedures for eligibility of all new employees and in securing appropriate documents for executives and professionals for employment in the U.S.

Lynda Zengerle, Partner, Steptoe & Johnson, Washington, DC, heads the Immigration practice in the firm’s International Department. She has over 20 years' experience representing corporations and individuals in immigration matters. She advises clients in obtaining immigrant and non-immigrant visas and complying with immigration law.

The panelists consider these and other key questions:

What are the state and federal agency initiatives and legislation targeting employers on the issue of undocumented workers?
• What kinds of claims and government sanctions face employers on allegations of hiring -- or using outsourcers who employ -- undocumented workers?
• How are the courts ruling with regard to suits against employers based on undocumented workers?
• What are the best practices for employers to reduce the risk of claims or penalties associated with undocumented workers?

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