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439: What to Do When ICE Shows Up at Your Roofing Job Site (with Philip Siegel)

⏱️ 46:32 🎤 Dave Sullivan, Philip Seagull
AUDIO EPISODE
439: What to Do When ICE Shows Up at Your Roofing Job Site (with Philip Siegel)
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Chapters

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  • 0:00
    Introduction to Labor Issues
    Host Dave Sullivan introduces Philip Siegel, a labor attorney specializing in roofing contractors, to discuss upcoming changes in labor and immigration laws.
  • 5:07
    Increased I9 Audits
    Philip Siegel details the significant increase in I9 audits planned by the new administration, contrasting it with previous years and emphasizing the construction industry as a target.
  • 8:56
    I9 Audit Process
    Siegel explains what an I9 audit entails, the documentation required, and the common pitfalls and liabilities for employers during these audits.
  • 23:41
    1099 Misclassification Risks
    The discussion shifts to the risks of misclassifying workers as 1099 independent contractors, especially in the context of avoiding I9 requirements and potential OSHA scrutiny.
  • 34:05
    Protecting Your Business
    Siegel provides advice on how contractors can protect themselves, including conducting self-audits of I9s and understanding the implications of unknowingly employing undocumented workers through subcontractors.

Speakers

D
Dave Sullivan
Host — the roofer coach
P
Philip Seagull
Hendrick, Phillips, Solsman and Seagull

Key Takeaways

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Conduct a proactive self-audit of all I9 forms to identify and correct any errors before an official ICE audit, as penalties are levied per I9 form.

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Be aware that the new administration plans a significant increase in I9 audits, targeting industries like construction, making compliance more critical than ever.

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Understand the distinction and legal requirements for W2 employees versus 1099 independent contractors; misclassification can lead to substantial fines and liabilities, even if you're not directly employing undocumented workers.

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If using subcontractors, ensure they are also compliant with immigration laws, as 'knowing' employment of illegal labor through a sub can transfer liability to your company, including criminal charges and asset forfeiture.

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Implement clear protocols for when ICE agents arrive at your job site, understanding your rights and not consenting to searches without a warrant to protect your business from potential legal issues.

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Don't rely on the same person who originally completed I9s to perform the audit; an objective third party or legal counsel is crucial to identify overlooked errors.

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Regularly check for expiring work authorizations among employees and use Section 3 of the I9 form for re-verification to avoid unknowingly employing individuals whose legal status has lapsed.

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