Immigration Daily
ilw.com
by John Fay
Yesterday, the US Department of Labor (DOL) and the Department of Homeland Security (DHS) signed a revised Memorandum of Understanding (MOU) which clarifies the ways in which the two agencies will coordinate their respective civil worksite enforcement initiatives. Historically, both agencies have worked together pursuant to a 1998 MOU which promoted the shared interests of having a legal workforce that is protected under the full range of fair employment standards. Despite this long-standing agreement, it has never been entirely clear to what extent the two agencies would conduct coordinated or joint enforcement activities (the dreaded one-two punch). Yesterday’s MOU revision clarifies that while both agencies are encouraged to share pertinent worksite information (which would be relevant to the other), employers should generally not expect both DOL and ICE worksite investigations at the same time. Nevertheless, employers should take note that there are limited circumstances (see below) when dual investigations are not only permitted, but also very likely. Plus, when it comes to worksite enforcement, policy and practice have been known to diverge on occasion.
Full Story: http://www.ilw.com/articles/2011,0421-fay.shtm
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