Steven Swirsky Quoted in “Immigration Recheck Was Unlawful Scare Tactic, ALJ Finds”

Bloomberg BNA Daily Labor Report

Steven M. Swirsky, a Member of the Firm in the Employment, Labor & Workforce Management and Health Care and Life Sciences practices, in the firm’s New York office, was quoted in the Bloomberg BNA Daily Labor Report, in “Immigration Recheck Was Unlawful Scare Tactic, ALJ Finds,” by Lawrence E. DubeĢ. (Read the full version – subscription required.)

Following is an excerpt:

A California company violated federal labor law by “rechecking” the work authorizations of warehouse employees during a union organizing campaign, a National Labor Relations Board administrative law judge ruled July 19. …

Steven M. Swirsky of Epstein Becker & Green in New York agreed that employees are in a “real quandary” in attempting to comply with both IRCA and the NLRA. There is a duty to reverify work authorizations in some situations, but the key, particularly in a large company, may be coordinating immigration compliance activities so they don't conflict with situations like union organizing campaigns, Swirsky told Bloomberg BNA.

Management has no choice but to comply with multiple laws, Swirsky said, but must “think things through” before acting.