At Ward and Smith’s annual Construction Conference, four attorneys from the firm shared essential updates and useful guidance related to the dynamic legal and regulatory landscape in the construction industry.
Recognizing the importance of staying informed, the presentation featured strategic response plans for dealing with Immigrations and Customs Enforcement (ICE), the North Carolina Statute on the Lawful Use of Lawful Products, choice of law and venue selection, and how to respond to email compromises and fraudulent payment requests.
Immigration
Will Oden, a labor and employment attorney and a North Carolina State Bar Board Certified Specialist in Employment Law, initiated the discussion with an overview of ICE enforcement responsibilities. “ICE is tasked with enforcing I-9 compliance, verifying employment eligibility requirements, and investigating unauthorized workers,” said Oden.
ICE can enforce its responsibilities through conducting I-9 audits and jobsite inspections, as well as by making arrests for illegal immigration.
“They have a variety of tools in their tool belt, including notices of inspection, search warrants, and subpoenas,” explained Oden. “Each one has different mechanisms and scope, and there are appropriate ways to respond to each of them.”
When ICE decides to audit an employer’s I-9 forms, a Notice of Inspection form will be issued. Delivery methods for I-9 audit paperwork from ICE include certified mail, hand delivery, or overnight delivery. “You’...
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