Audits by OFCCP and ICE (Immigation and Customs Enforcement Unit

Date: 7/10/09
Title: Audits by OFCCP and ICE (Immigation and Customs Enforcement Unit

You could be at risk for additional audits to be conducted by the Office of Federal Contract Compliance Programs (OFCCP) and Department of Homeland Security’s Immigration and Customs Enforcement Unit. 

OFCCP

Between now and September 30, 2010, OFCCP plans on scheduling about 450 compliance evaluations of companies that have received funds tied to the American Recovery and Reinvestment Act of 2009 (ARRA).   These audits will occur outside of the normal scheduling process identified through the Federal Contractor Selection System, so don’t expect to see these audits on any Corporate Scheduling Announcement Letters (CSAL) that you may have received earlier this year.  The majority of these audits will affect the construction industry; however, approximately 90 supply and service contractors receiving stimulus money will also be affected.

ICE

ICE will be sending to 652 employers throughout the country I-9 Notice of Inspections (NOI).  Companies will be required to provide copies of all of their employee I-9 forms and supporting documents by a date specified by ICE.  Typically, companies are given up to three days to provide these documents to the local ICE office.  ICE is responsible for investigating employers for immigration worksite violations.  Employers are being identified for inspection based on “leads and information obtained through other investigative means”.  ICE is focused on pursuing criminal indictments and prosecutions against employers who knowingly hire or employ undocumented workers.  Incomplete or incorrect I-9 forms could result in a $100 to $1000 penalty per form. 

U.S. Department of Labor Free Conference

The D.O.L. Wage and Hour Division and the Office of Federal Contracts Compliance Programs are holding a conference targeting ARRA companies.  This national conference will be held on July 20-24, 2009 in Crystal City, VA.  Session 1: July 20 -22 and Session 2: July 22 – 24.  There is no fee for attending but space is limited. OFCCP will be conducting workings on the following topics:§          OFCCP 101 – Overview of Laws and Regulations§          New Federal Supply and Service Contractors – What You Need to Know§          OFCCP Construction Contractors – 16 Steps to EEO/AA Compliance§          Federal Contracting and Procurement Officers – EEO and FAR§          Veterans’ Employment and the G-FIVE Initiative To get more information, call 1-866-4USWAGE (1-866-487-9242) or follow this link to see conference and registration information - http://www.dol.gov/esa/whd/recovery/ConferenceFlyerDC2009.pdf  

If you wish to attend, email you name, title, organization, email address, telephone number, and select session 1 or 2 to whdarra@dol.gov.

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC.  It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.