California Labor &
Employment Law Blog

May. 19 2006

New “Get Tough” Federal Policy on Undocumented Workers

Topics: New Laws & Legislation

On April 20, 2006, DHS Secretary Michael Chertoff announced a nationwide enforcement program directed at enforcement of laws which prohibit employment of unauthorized foreign workers. This announcement comes against the backdrop of raids conducted on April 19, 2006, against IFCO Systems, Inc., a German-owned palleting firm, at locations in New York, Pennsylvania, North Carolina, Ohio, Texas, Indiana, Arizona, Virginia and Massachusetts. The raids were carried out pursuant to criminal enforcement measures accusing the company and its executives of criminal conspiracy with the objective of harboring and transporting undocumented workers. Government officials reported that the case against IFCO began when DHS learned of the company's failure to resolve ongoing notices from the Social Security Administration of large numbers of non-matching social security account numbers in their quarterly payroll tax reports. Many employers have received such reports in recent years. The new "get tough" policy comes in the midst of congressional debate over immigration reform and whether the U.S. should grant legal status to millions of undocumented foreign nationals currently living here.

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For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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