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April 27, 2017

May 1: Another Day Without Immigrants; ICE Audit Guidance

As we reported here in anticipation of the February 16 “Day Without Immigrants,” employers need to prepare for another potential walkout on May 1, 2017. 

Unions and worker advocates, including The Food Chain Workers Alliance, have announced that thousands of workers across the food system—from farm workers to restaurant workers—will be striking on May 1.

Agricultural employers are advised not to take disciplinary action because such activity may be legally protected concerted activity under the California Agricultural Labor Relations Act and the National Labor Relations Act, respectively.

Moreover, members are cautioned not to draw any conclusions about an employee’s work authorization based on their participation in the boycott. The employee may simply be supporting the immigrant community and not making any statement about their own work authorization.

Also, the National Council of Agricultural Employers put out a comprehensive memo prepared by Chris Schulte, Esq., an attorney with CJ Lake, LLC in Washington DC, which provides useful guidance on preparing for an ICE audit and Form I-9 compliance.

For more information, contact Jason Resnick at (949) 885-2253.