ADVANTAGE Continued from pg. 7
public’s praise and acceptance of the soft, gentle, and quiet wash and the entertainment his facility and its equipment provides. Customer Comments • Unbelievable car wash experience! • This will be the only car wash I go to. • This is the first time my baby was not scared of the car wash. • This was the quietest, gentlest, non-intimidating car wash experience I’ve ever had. • This was completely and totally entertaining. And by the colors of the lights, I knew I got what I paid for. • This is actually the only car wash where I can continue my phone conversation while I go through the wash.
LABOR LAW The New Administration's Effects on Immigration and the Overtime Rule
With a new president in office, employers are curious about the effect this new administration will have on them. Employers, in general, have many things to look forward to with the new administration. Some of the more business-friendly aspects of the incoming administration are the repeal of Obamacare provisions placing obligations on employers, the appointment of conservative members to the National Labor Relations Board and its General Counsel, as well as potential limitations to joint employer liability. Two areas where car-care business owners and operators can expect changes are immigration and the overtime rule.
IMMIGRATION
The vast majority of the eight to 12 million undocumented immigrants in the Unites States are employed in the service and agricultural industries. Although there are no known issues regarding undocumented employees in the car-care business, as service providers, it would not be surprising to learn that they may have undocumented employees on staff. Statistically speaking, car-care business owners and operators are more likely to have to deal with the issue of an undocumented employee. Mandatory E-Verify? An item on the new administration’s list is requiring all employers, big or small, private or public, to utilize e-verify. Under the Immigration Reform and Control Act (IRCA) employers are required to verify the identity and employment eligibility of all employees hired in the United States
after November 6, 1986. Employers face civil and criminal penalties for knowingly hiring or continuing to employ people without employment authorization. IRCA designates the Form I-9 as the means of documenting this verification process. E-verify is an Internetbased system that allows employers to determine the employment eligibility of new hires. E-verify compares information from an employee’s Form I-9 to federal databases to confirm employment eligibility. Remember, Forms I-9 are not the same as e-verify. Unlike Forms I-9, e-verify is not mandatory; it requires employees to provide their social security number, and it requires a photo on identity documents. This information is then compared to the records available to the U.S. Department of Homeland Security and Social Security Administration. A great feature of e-verify is that it gives employers almost instantaneous results on whether an employee is eligible to work in the United States. Many employers have opted to use e-verify because they only have to use e-verify to confirm employment eligibility for new hires. Employers are not required to run existing employees’ information through e-verify. In essence, all employees hired before the employer starts using e-verify are “grandfathered” in.
Additionally, the new administration has said it will increase the efforts to enforce immigration regulations. The new administration has suggested it will make the use of e-verify mandatory. If this were to happen, there is a question as to whether employers will be required to run all of their employees (current and new) through e-verify. One thing that is certain, the enforcement of mandatory e-verify creates a higher risk of penalties for employers who may be employing a person who is unauthorized to work. Increased Enforcement Additionally, the new administration has said it will increase the efforts to enforce immigration regulations. Part of the plan is to triple the number of agents in the Immigration and Customs Enforcement agency (ICE) and automatic deportation of criminal aliens. Some of ICE’s enforcement efforts consist of conducting raids at certain business locations. Although the most recent raids are said to be focused on criminal aliens, ICE is known to focus its resources in industries known to have a large percentage of their workforce composed of illegal immigrants. Again, most undocumented immigrants work in the agricultural and service industries. With the increase of ICE agents and enforcement measures, businesses in the service industry can expect to be the target of raids and undocumented immigrant round ups. 11