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an incumbent employee’s work authorization absent a legitimate, nondiscriminatory reason. Front office and human resource staff should be aware of the protocol to follow in the event of any government visit— especially one involving DHS. Here are a few simple steps to follow in the event a company is served with an NOI: If DHS personnel inquire regarding the employer’s hiring practices, immigration policies, or business operations, staff should be trained to refer such questions to counsel. While in some instances, DHS will secure a warrant for records and/or interviews, an NOI itself is not a warrant. As a result, the employer should not consent to any DHS interviews of supervisors without the presence of immigration counsel. Nor should the employer consent to an immediate review of I-9 records during an NOI. Employers are allowed 3 days to provide their Form I-9 records and additional extensions are possible. This time will allow your counsel to audit the Form I-9s to understand any areas of concern and consult with the company on the next phases of the NOI process. Although employers will welcome the more employerfriendly regulatory reforms already undertaken by the Trump Administration, all employers—including those in the construction industry—should expect increased scrutiny and immigration enforcement activity. Employers should take this opportunity to be proactive, analyze their current practices, and make any necessary changes. Chako Perez has extensive experience defending companies in court and before government agencies, including the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), and Department of Homeland Security (DHS). Perez is a regular writer on labor and employment law and conducts seminars to client companies and trade associations across the country. Brett Holubeck is an Attorney at Alaniz Schraeder Linker Farris Mayes. His practice is devoted to defending businesses from investigations by government agencies. Questions about this article can be addressed to Brett Holubeck at (281) 833- 2200 or bholubeck@alaniz-schraeder.com. www.shotcrete.org Spring 2017 | Shotcrete 51


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