Take some of the chill out
When the ICE man calls
Recent media reports have described an increase in enforcement activities of the U.S. Immigration and Customs Enforcement (ICE) (formerly known as the Immigration and Naturalization Service). Recently, ICE has increased staffing levels in its Oregon offices (Medford, Eugene and Portland). See “Agents Will Target Criminal Migrants,” The Oregonian, Monday, May 28, 2007. This increase may be an indication that ICE is preparing to conduct enforcement activities in Oregon in the near future. If you have not already conducted an I-9 self-audit to identify deficiencies in your I-9 paperwork you should do so immediately. Click here to see related I-9 audit guidance. Contact legal counsel to assist in the process if necessary.
So what do you do if the ICE man calls on you? Here are some practices to follow:
- Stay calm and don't panic. There are legal processes that ICE must follow, including the use of warrants and subpoenas.
- If you are served with a warrant or a subpoena, ask to see the warrant or subpoena if it has not been provided, read it, and then call your attorney immediately. Fax a copy of the document to your attorney's office as soon as possible.
- Follow all verbal instructions given by ICE or other law enforcement personnel, even if the instructions appear to conflict with the advice of your attorney.
- Don't attempt to interfere with the process or you may be subject to criminal charges.
- In the worst-case scenario, members of your organization may be arrested. Should that happen, you should instruct your employees to immediately invoke their right to speak to an attorney. Under no circumstances should the person respond to any questions after invoking the right to speak to an attorney. If possible, find out where the person will be taken.
- Recognize that your employees may be traumatized. If you have an employee assistance program (EAP), notify them of the situation as soon as reasonably possible so they may be prepared for phone calls requesting assistance. Remind your employees about the EAP benefit available to them and provide them with the phone number.
- Department of Homeland Security (DHS) or Department of Labor inspectors sometimes appear unannounced at the employer's place of business. They may demand to conduct an immediate review of the employer's I-9 records. No subpoena or warrant is required. However, inspectors are required by law to notify an employer of the right to a three-day notice prior to review. You should exercise this legal right and decline immediate review. Then, contact legal counsel immediately.
Following these simple practices will not address every question or situation that may arise, but they will protect you and your organization from making a potentially bad situation worse.
Jordan Schrader PC, Attorneys at Law (jordanschrader.com) was established in Oregon in 1963. The firm represents private and public clients throughout the western United States in business, government, and Dirt Law®, which is the term we coined to describe our real estate, land use, environmental, natural resources and construction law practice.
News from CFP
Components of wellness,
Making wellness work for your company
To recognize the full benefits of a wellness program, employees must actively participate on an ongoing basis. So how do you create a wellness program that both energizes your employees and yields a strong return on your investment? Three factors are key:
- Customized plans so employees know the specific actions they need to take to establish a healthier lifestyle.
- Employee engagement strategies to help employees follow their plan.
- Data tracking to measure results and provide accountability.
The combination of these three elements is crucial in actively engaging employees over the long term. It is essential that wellness programs be supported by management to ensure their alignment with the organization’s business goals and objectives.
Measuring the return on investment from wellness is difficult to compute. The price of the heart attack or stroke that didn’t happen is a tricky question to address. Successful wellness programs yield such gains that cannot easily be quantified, such as improved employee retention and recruitment, improved decision-making skills and improved morale and loyalty.
Success means different things to different employers. Call us today to find out how we can help you define your own organization’s “Wellness Success Criteria.”
— Tracey Davis of CFP Inc.,
888.588.2988 ext. 317
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OCT program encourages retail tree sales
The “Plant a Tree Today for Tomorrow” program is making its second run this October, giving retail nursery and garden center customers another reason to purchase and plant trees this fall.
Under the program, which also ran during spring of 2006, retailers donate $1 from every tree purchase to Oregon Community Trees, a statewide nonprofit organization that promotes urban forestry and tree planting in Oregon. In return, the OAN and the Oregon Department of Forestry’s (ODF) Urban and Community Forestry program will publicize retailers who participate in the program. ODF will also provide quantities of informational materials about tree planting and care for nurseries and garden centers to share with customers.
Retailers interested in participating should contact Ann Murphy at the OAN (503.682.5089 or email@example.com). The deadline for signing up to participate is Aug. 1.
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2007 Annual Convention
at Seventh Mountain Resort
in Bend, Oregon
Save the date for this year’s convention! Technology keeps changing how business gets done, but it still comes down to people. And there is no better place to get to know the people active in your industry! Quality seminars and important contacts await you in a relaxing setting among the pines this September at Seventh Mountain Resort. Rooms are available now, starting at $99 + tax per night for a one-bedroom premium condo. Call the resort at 888.784.4386 and say that you’re with the OAN. Or make your reservations online at www.seventhmountain.com. Just be sure you enter group code 1057GC to get the group discount.
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Industry wage survey proposed
The OAN is gauging the interest among members in participating in an Oregon wholesale nursery industry wage report. Participants would need to answer a confidential comprehensive questionnaire on pay ranges for the job titles of employees at your nursery. Information on benefits may also be included. The survey results (CD and/or printed material) would be available for purchase by OAN members at a discounted rate. Please tell us if you would be
interested in participating in this project and/or receiving the results--click here to answer a few questions.
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Member Update Archive
Looking for a flier or topic from a past e-newsletter? You'll find links to past newsletters below, or log in to our Web site at Members Only > Member Update to view the archive.
PDF files can be viewed using Adobe Reader. If your computer does not have Adobe Reader you can download it for free from Adobe's Web site. Click on the link to the flier to view it in your Web browser. Right-click the link and choose "Save target as" (Windows) or "Download linked file" (Mac) to download the PDF to your hard drive.
Copyright © 2007 Oregon Association of Nurseries