Proposed Immigration Reform Legislation and E-Verify

The discussion about Congress possibly passing immigration reform is a major topic right now. Many expect that in 2013, Congress will pass some version of immigration reform (i.e., providing legal status to individuals who are currently residing in the U.S. without legal authorization). In looking at what is currently in the pipeline, some of the proposed bills and related discussions point to a mandatory requirement that all employers enroll in E-Verify or possibly some other version of E-Verify. Presently, employers may voluntarily enroll in E-Verify, and certain employers, who contract with the government, are required to enroll in the program. 

Although nothing is final, it is important to be prepared to transition into any possible E-Verify requirement.  While we wait for Congress’ decision on immigration reform, employers should continue to comply with the immigration laws that apply to their business. 

Employers are required to comply with all Form I-9 requirements and cannot employ any individual unauthorized to work. If your I-9 compliance is in need of review, you should contact your attorney who specializes in I-9 compliance. Doing so will prepare you and your company to transition into any immigration reform that becomes law.

Daniel N. Ramirez is a named partner at Monty & Ramirez LLP.  He is also board certified in labor and employment law by the Texas Board of Specialization and has been recognized as a Rising Star by Super Lawyers magazine. 

Daniel's Contact Information:
Email: dramirez@montyramirezlaw.com 
Telephone: 281.493.5529
Website: http://www.montyramirezlaw.com

Employers Can Now Settle Their Employee Wage Claims Without Court Approval

Good news for Texas employers!  A federal court of appeals recently confirmed Texas employers can settle wage disputes with their employees. Prior to this decision, an employer could not enter into an enforceable private settlement agreement with an employee to resolve a disputed amount of wages or hours worked—unless the settlement agreement was approved by a court or resolved through a DOL investigation. For example, if Employer ABC identified a minimum wage or overtime error, Employer ABC could offer the affected employee a settlement agreement to correct and resolve the error.  However, the big problem was that such a settlement agreement was not enforceable.  So even after entering into such a settlement agreement, the employee could file a lawsuit contending that she did not agree to the amount paid by the employer and pursue her claim through litigation. 

The law has changed in favor of employers, at least in Texas, due to a decision by the Fifth Circuit Court of appeals.  The court held that such settlement agreements are enforceable.  Using the same example as above, once Employer ABC and the employee enter into a settlement agreement regarding a dispute about owed wages or hours worked, this settlement agreement is final and enforceable.  An employee can no longer side step the settlement agreement and decide to later file a lawsuit for more money (e.g., wages owed, liquidated damages, and attorney's fees).  Employers no longer have to "wait it out" to find out if their employee  is going to sue for a wage claim they formally resolved through a settlement.  

Even though this is good news for employers, companies should still consult with their employment attorney to settle any wage and hour matters. 

 

Daniel N. Ramirez is a named partner at Monty & Ramirez LLP.  He is also board certified in labor and employment law by the Texas Board of Specialization and has been recognized as a Rising Star by Super Lawyers magazine.

Reasons why Texas Dreamers Should Apply for their Driver’s License Before Applying for a Social Security Number

As explained previously, once you receive your Deferred Action Approval and Employment Authorization, we suggest that you immediately apply for your Texas Driver’s License or Texas Identification Card before your Social Security Card to avoid any delay in getting your driver’s license.

Normally, it takes approximately 10 business days to receive a Social Security Card in the mail. But, it may take longer if the Social Security Administration requires additional review of an application.  Therefore, waiting until the arrival of your Social Security Card in the mail will only delay your application for a Texas Driver’s License.

Go to this link for more information: http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1669/~/time-frame-for-processing-a-social-security-card-for-a-legal-alien

Also, the application process for a Texas Driver’s License is faster and you will be given a temporary license while waiting for the actual license to arrive in the mail. This will allow you to drive legally and to avoid any traffic tickets for failure to carry a valid Texas Driver’s License.

Go to this link to prepare for your Texas Driver’s License: http://www.txdps.state.tx.us/DriverLicense/ApplyforLicense.htm

If you have not yet applied for a Social Security Number, then you may apply for a Texas Driver’s License first. 

Go to this link for more information: http://www.txdps.state.tx.us/DriverLicense/ssn.htm