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421: How Trump’s Immigration Crackdown Will Impact Roofing Contractors with Philip Siegel

⏱️ 45:36 🎤 Dave Sullivan, Philip Siegel
AUDIO EPISODE
421: How Trump’s Immigration Crackdown Will Impact Roofing Contractors with Philip Siegel
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Chapters

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  • 0:00
    Introduction to Immigration Concerns
    Dave Sullivan introduces the episode's topic: the upcoming immigration crackdown and its implications for roofing contractors, featuring labor attorney Philip Siegel.
  • 0:47
    Sponsor: Ruby Receptionists
    Dave thanks Ruby Receptionists for sponsoring the show, highlighting their remote answering services for contractors.
  • 5:08
    Philip Siegel's Background
    Philip Siegel introduces himself and his law firm, specializing in national construction law and representation of roofing contractors.
  • 7:27
    Trump's Immigration Crackdown
    Philip explains the Trump administration's focus on immigration, particularly the construction industry, and the projected surge in I-9 audits.
  • 8:44
    I-9 Audits Explained
    Philip details the I-9 audit process, what contractors need to do, and the potential pitfalls and penalties for non-compliance.
  • 21:24
    Sponsor: SMA Support
    Dave thanks SMA Support, a sponsor offering inside sales, estimating, and operational support for contractors.
  • 23:44
    Real-World I-9 Audit Experience
    Dave shares his personal experience with an I-9 audit and the impact of employees disappearing due to documentation issues.
  • 32:24
    1099 vs. W-2 Misclassification
    The discussion shifts to the risks of misclassifying employees as 1099 independent contractors, especially in the context of I-9 audits.
  • 47:45
    Protecting Your Business
    Philip advises contractors on proactive measures, such as self-auditing I-9 forms and understanding retention rules, to protect against audits.
  • 58:42
    Increased Audit Numbers & Risks
    Philip reiterates the drastic increase in planned I-9 audits and discusses factors that make companies more likely targets.

Speakers

D
Dave Sullivan
Host — The Roofer Coach
P
Philip Siegel
Labor Attorney at Hendrick, Phillip, Salzman, and Siegel

Key Takeaways

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Proactively conduct a self-audit of all I-9 forms for current and past employees to identify and correct errors before an official audit, as technical errors can lead to significant fines.

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Ensure I-9 forms are accurately completed within three days of hiring, paying close attention to date formats and verifying documentation that appears reasonably genuine.

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Be aware that ICE will scrutinize 1099 contractors during I-9 audits, investigating potential misclassification to skirt I-9 requirements; understand the current misclassification rules.

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Separate I-9 forms from general personnel files and keep them in a dedicated binder to limit what ICE auditors can access during an audit.

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Strictly adhere to I-9 record retention rules: keep forms for three years from the hire date or one year after termination, whichever is longer, and discard unnecessary older forms.

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Implement a reverification process for employees with temporary work authorization, as failing to do so can result in knowingly employing an illegal worker.

✦

Understand that a significant portion of your workforce, including key personnel, might be undocumented; an audit could lead to immediate loss of critical staff and disruption to projects.

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