new rules for Hiring immigrants eMPLOYerS in CALiFOrniA and around the country have, for years, dealt with the challenge they face when hiring, or retaining, immigrants, because a great many of them are in this country illegally and are therefore unable to work lawfully. Equally important, employers who don’t go through the required steps to determine which immigrants are or not eligible to work can find themselves facing significant criminal and civil penalties. Some recent developments will make navigating the immigrant-related hiring and retention issues even more problematic. Specifically, not only will employers have to (1) continue with completing the necessary steps and paperwork related to the ubiquitous Form I-9, but, (2) beginning January 1, 2015, they will have to be very cautious when dealing with immigrants who obtain a new driver’s license or identification card from California’s DMV, and (3) they might have new obligations and restrictions under President Obama’s recently announced executive actions to address the country’s “broken immigration system” (referred to as the “Immigration Accountability Executive Action”). Employers are going to have to figure out how to mesh all three of these requirements and make sure their policies, procedures, and HR functions comply with all of them. Unfortunately, at the present time, there is not enough information to make it clear that all the issues will interrelate with each other. Beginning January 1, 2015, employers will have to be very cautious when dealing with immigrants who obtain a new driver’s license or identification card from California’s DMV. 24 California Hotel & Lodging Association Winter 2015
CH & LA Winter 2015
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