Employer Liability for Undocumented Workers

Employers have witnessed unprecedented attention this year on undocumented workers. Failure to stay in strict compliance with the complex web of legal requirements for hiring alien workers can prove costly for employers.

Homeland Security Secretary Michael Chertoff's warning of intensified scrutiny of employers that rely heavily on undocumented workers has played out with federal criminal indictments of business executives around the country.

On July 26, the Department of Homeland Security released a new program -- ICE Mutual Agreement between Government and Employers (IMAGE) -- for fostering best business practices for employers to maintain a legal workforce.

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.

Dawn Lurie, Shareholder, Greenberg Traurig, McLean, VA, focuses her practice on business immigration matters and provides strategic immigration planning to corporations to address the visa and work authorization needs of U.S. and global personnel. She specializes in I-9 alien employment verification matters and minimization of exposure and liabilities. She also has extensive experience in legislative policy, specifically with essential guest worker issues.

Laura Reiff, Shareholder, Greenberg Traurig, McLean, VA is co-chair of the firm's Business Immigration Group. She has represented numerous businesses, trade associations and other entities in regard to immigration laws and regulations affecting U.S. and foreign companies, as well as related employment compliance and legislative issues. She also has experience advising companies in establishing blanket immigration programs to streamline the transfer of individuals worldwide.

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.

The panelists address these and other key questions:

• What must employers know about the IMAGE program, including whether and how to become certified?
• What other state and federal agency initiatives and legislation are targeting employers for hiring 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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