Texas Dreamers - Waiting for DACA Approval? Start Studying for Driver's License Test

Upon receipt of your Deferred Action Approval and Employment Authorization you will be ready to apply for your Texas Driver’s License or Texas Identification Card.

We suggest that you get your Texas Driver’s License or Texas Identification Card before you apply for your social security card because if you don’t you will not be able to complete your Texas Driver’s License or Texas ID until your social security card is issued. There could be a delay in getting that issued.

So if you plan to drive in Texas – you must pass the exam.

Dreamers – you will have to study for this exam. (It’s not that easy.)

So, while you are waiting, get busy and find out what you have to do:

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

Go to this link to get started on your studies:
http://www.txdps.state.tx.us/driverlicense/documents/dl-7.pdf

Soon you will be eligible to be licensed to drive on Texas highways – make sure that you follow the law and get licensed.

Expect More Government Investigations - the DOL and ICE Agree To Share "Notes" About Employers

The Department of Labor (DOL) and Department of Homeland Security (which includes Immigration Customs Enforcement—ICE) entered into a Memorandum of Understanding (MOU) on March 31, 2011. The purpose of the MOU is to help both agencies (DOL and ICE) share information in relation to their respective investigative efforts that is acquired during a government investigation involving an employer.  In short, ICE and DOL have formally agreed to share information that either agency acquires during their investigative process which will lead to more government investigations.  In the MOU, DOL specifically agrees “to assist ICE’s efforts . . . by providing ICE with timely and accurate information to allow for identification of overlapping enforcement activity.” Both agencies agree “to create a means to exchange information to foster enforcement against abusive employment practices directed against workers regardless of status.  ICE agrees to develop a means to refer to DOL information concerning violations of DOL’s civil work site authorities described in section III of this MOU.”

There has always been discussion that the DOL and ICE share information pursuant to a 1998 MOU that promoted shared interests. Now, however, there is official confirmation of this directive with the recent MOU.  The MOU serves as another example of the government stepping up their efforts to increase their information channels in relation to an employer’s I-9 and immigration compliance matters.  

Though ICE is formally agreeing to refrain from engaging in DOL and ICE investigations at the same time, employers should be aware that there are limited circumstances when dual investigations are permitted to occur.  These circumstances include instances relating to national security, protection of critical infrastructure, or a federal crime other than a violation relating to unauthorized employment. Even though the DOL and ICE have separate enforcement authorities, an overlap of their particular government initiatives will certainly be an issue.

For those employers with pending DOL wage and hour investigations, it is very important that employers not share more information to the DOL than necessary during the investigation. Specifically, employers should know how to comply with a DOL investigation while also limiting the information that is shared it in order to minimize exposure to immigration compliance liability if information is shared with ICE.  

It is also very important to know what employees might say during the investigative process. If an employee has already told you “red flag” information (anything relating to a fake name, fake documents, etc.) during their employment, it is likely he or she will tell that information to the DOL investigator if the employee is interviewed during the investigative process.  Because of this issue and other issues that might arise during a DOL investigation that can lead to a subsequent ICE investigation, it is important to take proactive steps now to ensure your company has the necessary immigration compliance practices and policies.  

The main takeaway for employers is to have proper workplace and immigration policies in place, know your workforce, and always engage your legal counsel in any government investigations. 

Daniel N. Ramirez is a named partner at Monty & Ramirez, LLP.  He is 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.

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

Do Your (Hispanic) Employees Use The “M” Words?

The “M” word?  What is it and what does the “M” word mean?  With the increasing number of Hispanics in the workforce, it is important to know how to spot employment issues that are associated with Hispanic workers or employees who speak Spanish.  This is important because, as with any workforce, an employer wants to make sure their employees are not using any derogatory or demeaning words that can be offensive to another employee and equally important do not want to invoke Title VII race discrimination issues. 

Because the Hispanic workforce is ever growing (e.g., Hispanics will make up 78 percent of Texas’ population growth between now and 2040), it is important that employers revise their employment policies to adjust to Hispanic workers and the cultural issues that relate to such employees. 

So how does the “M” word fit into all of this?  Well, it is obvious that no employer would permit their employees to use the “N” word.  Likewise, it is important that employers not allow their employees to use the “M” words—there are actually three types of “M” words.

One meaning of the “M” word is derogatory and analogous to the English “N” word.  That’s right—Urban Dictionary defines “Mayate” as a Spanish slang word used to describe a dark-complected person.  So in short, “Mayate” is a demeaning word that some Spanish speaking employees may use to describe dark-skinned employees, more commonly African-Americans, and should not be permitted in the workplace—or socially for that matter.  Every HR Director should make sure that the “M” word is off-limits, since it could implicate an employee discrimination claim based on a Title VII hostile work environment. 

The “M” word can also stand for “Maricon” or “Mamon.” Urban Dictionary explains that “Maricon” is a crude word for a gay man used by straight men and women to insult gay men or to question the masculinity of straight men.  Likewise “Mamon” is derogatory because it generally can be used to describe an annoying person and generally is analogous to the English “A-hole” word. 

After you read this blog, make sure your employees are not using these “M” words.  Don’t be left out to hang with an EEOC charge of discrimination alleging the common usage of one of the “M” words.  By incorporating this knowledge into your training seminars for your HR representatives and by training your managers to spot the “M” words, you will take one more step toward avoiding that next Title VII complaint.

by:  Daniel N. Ramirez, Partner, Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.