Pizza Today - November 2017 - 52

Miller, a partner in the Washington, D.C.
office of Arnall Golden Gregory LLP
who counsels companies on workforce
compliance.
In some cases, the ICE agents, typically
local personnel, have an educated suspicion
about a specific workplace, while they
might have also received a tip about
potential undocumented workers from a
competitor or former employee.
WHATEVER MIGHT SPARK A VISIT
FROM ICE, Miller suggests restaurant

owners have a plan in place if inspectors
arrive, specifically directing a frontline
staff member to summon a manager
to the lobby. The manager should then
inquire privately about the nature of the
investigators' visit.
"What you don't want is the agents
feeling as if they can walk behind the
counter and begin talking to whomever
they want," Miller says. "You want to have
clear restrictions on where non-employees
can go without permission and you want to
set boundaries during that initial visit."
Thereafter, Miller says it's important the
manager do three things:

FORM I-9 BEST
PRACTICES
Used for verifying the identity
and employment authorization
of workers, Form I-9 is necessary documentation in the U.S.
workplace. Yet more, sound
management of the forms is critically important for any restaurant
served a notice of inspection by
ICE agents. Here are eight ways
pizzeria owners can boost their
I-9 compliance:
Be familiar with Form I-9.
Ultimately, proper completion of
the I-9 falls on the employer's
shoulders, which makes familiarity with the form's necessities all
the more important.
Exercise quick and thorough

First, take the agent's credentials, such
as a business card.
Second, call the owner and make him
or her aware of the visit and the notice of
inspection.
And third, insist on the notice's threeday period so ownership has time to
assemble all I-9 records in a careful and
prudent manner.
"A business has every right to that three
days and you don't have to be in a rush to
please the agent," Miller reminds.
Ownership, then, might consult an
attorney who specializes in immigration
law. While Miller, who represents
employers of all sizes, acknowledges that
all organizations have cost sensitivities, she
says an attorney specializing in employment
law can provide strategy and counsel to
help minimize issues and disruption to
business.
"Simply develop a relationship with an
outside attorney who can help you navigate
this should it happen," Miller says.
It's important to note as well that ICE
agents might arrive with documentation
other than a notice of inspection.
With a subpoena, ICE agents may

completion. The I-9 must be completed within three business days
of an individual's hire, which
includes Saturday and Sunday
for restaurants open seven days
a week. Also, check that the
form is fully completed, including
dates as well as photocopies of
supporting documentation.
Appoint an I-9 guardian.
Miller suggests restaurant
owners appoint one trusted,
senior-level staff member to
oversee I-9 documentation. This
individual should receive training
on proper completion and also
create a checklist of everything
that needs to be completed so
nothing is left to chance.
Stick to the requirements. In
the interest of being thorough,
employers sometimes request
additional supporting documen-

5 2 / P I Z Z AT O D AY. C O M / N O V E M B E R 2 0 1 7

request certain records, though they
generally do not require an immediate
response. If ICE agents present a warrant,
however, Fanning says restaurant leadership
will want to comply with the warrant's
terms. Any challenge, he says, is done after
the fact.
"You don't want to obstruct justice in the
event of a warrant, though you should still
observe the agents' conduct and make sure
that they're complying with the scope of
the warrant," Fanning says.
If an ICE agent comes with nothing
-- neither a warrant, subpoena or notice
of inspection -- then the business is under
no obligation to turn over documents or
allow agents access to private areas of the
restaurant, Fanning says.
"It's important to insist on the subpoena,
warrant or notice of inspection and know
exactly what is being asked of you," he says. n

Chicago-based writer DANIEL P. SMITH has
covered business issues and best practices for
a variety of trade publications, newspapers,
and magazines.

tation. Though seemingly well
intentioned, calling for additional
documentation actually puts the
employer at risk of discrimination
claims. "If the employee shows
you something valid from the
I-9's list A or a B and C document
that establishes their identity
and work authorization, then
that's all they need to do," Miller
says.
Be consistent and clear. An
employer can never dictate
what supporting documentation an employee must provide.
Restaurant leadership must
also maintain the same records
for every employee and cannot
selectively choose whom they
might lean harder on.
Perform ongoing self-audits.
On a regular basis, Fanning
suggests employers match their

I-9s with a current roster of
employees. If any are missing
or incomplete, then track them
down. "But don't backdate the
form, which can lead to bigger
problems," Fanning says.
Have a separate and secure
I-9 storage system. Keep I-9
paperwork and supporting documentation together in a secure
location, perhaps even separating current and past employees.
This, Fanning says, makes it
easier to self-audit and also to
gather necessary documentation in the event of a notice of
inspection.
Don't discard I-9s in haste.
Employers are required to
maintain I-9s throughout one's
employment and for at least one
year after termination or three
years from the date of hire.


http://www.PIZZATODAY.COM

Pizza Today - November 2017

Table of Contents for the Digital Edition of Pizza Today - November 2017

Pizza Today - November 2017
Commentary
Contents
Contributors
Expo Spotlight
Interact
Conversation
Man on the Street
Respecting the Craft
At Your Service
Destinations
Knead to Know
Menu Boards
Sauce & Cheese Pairings
Open-Faced Sandwiches
Mac & Cheese Main Dishes
Customer Demographics
Immigration Enforcement
Forced Closure
Road to Pizza Expo
Top 100 Pizza Chains
On the Road: Fire!, Spokane, Wa
On the Road: The Boiler Room, Spokane, Wa
Pizza Today Yellow Pages
The Marketplace
Reader’s Resource
Mike’s Monthy Tip
Pizza Today - November 2017 - CT1
Pizza Today - November 2017 - CT2
Pizza Today - November 2017 - Pizza Today - November 2017
Pizza Today - November 2017 - Cover2
Pizza Today - November 2017 - Commentary
Pizza Today - November 2017 - 4
Pizza Today - November 2017 - 5
Pizza Today - November 2017 - Contents
Pizza Today - November 2017 - 7
Pizza Today - November 2017 - 8
Pizza Today - November 2017 - 9
Pizza Today - November 2017 - Contributors
Pizza Today - November 2017 - 11
Pizza Today - November 2017 - Expo Spotlight
Pizza Today - November 2017 - 13
Pizza Today - November 2017 - Interact
Pizza Today - November 2017 - 15
Pizza Today - November 2017 - Conversation
Pizza Today - November 2017 - 17
Pizza Today - November 2017 - Man on the Street
Pizza Today - November 2017 - 19
Pizza Today - November 2017 - Respecting the Craft
Pizza Today - November 2017 - 21
Pizza Today - November 2017 - At Your Service
Pizza Today - November 2017 - 23
Pizza Today - November 2017 - Destinations
Pizza Today - November 2017 - 25
Pizza Today - November 2017 - Knead to Know
Pizza Today - November 2017 - 27
Pizza Today - November 2017 - 28
Pizza Today - November 2017 - 29
Pizza Today - November 2017 - Menu Boards
Pizza Today - November 2017 - 31
Pizza Today - November 2017 - 32
Pizza Today - November 2017 - 33
Pizza Today - November 2017 - Sauce & Cheese Pairings
Pizza Today - November 2017 - 35
Pizza Today - November 2017 - 36
Pizza Today - November 2017 - 37
Pizza Today - November 2017 - Open-Faced Sandwiches
Pizza Today - November 2017 - 39
Pizza Today - November 2017 - 40
Pizza Today - November 2017 - 41
Pizza Today - November 2017 - Mac & Cheese Main Dishes
Pizza Today - November 2017 - 43
Pizza Today - November 2017 - 44
Pizza Today - November 2017 - 45
Pizza Today - November 2017 - Customer Demographics
Pizza Today - November 2017 - 47
Pizza Today - November 2017 - 48
Pizza Today - November 2017 - 49
Pizza Today - November 2017 - Immigration Enforcement
Pizza Today - November 2017 - 51
Pizza Today - November 2017 - 52
Pizza Today - November 2017 - 53
Pizza Today - November 2017 - Forced Closure
Pizza Today - November 2017 - 55
Pizza Today - November 2017 - 56
Pizza Today - November 2017 - 57
Pizza Today - November 2017 - Road to Pizza Expo
Pizza Today - November 2017 - 59
Pizza Today - November 2017 - 60
Pizza Today - November 2017 - 61
Pizza Today - November 2017 - Top 100 Pizza Chains
Pizza Today - November 2017 - 63
Pizza Today - November 2017 - 64
Pizza Today - November 2017 - 65
Pizza Today - November 2017 - On the Road: Fire!, Spokane, Wa
Pizza Today - November 2017 - 67
Pizza Today - November 2017 - 68
Pizza Today - November 2017 - 69
Pizza Today - November 2017 - On the Road: The Boiler Room, Spokane, Wa
Pizza Today - November 2017 - 71
Pizza Today - November 2017 - 72
Pizza Today - November 2017 - 73
Pizza Today - November 2017 - 74
Pizza Today - November 2017 - 75
Pizza Today - November 2017 - 76
Pizza Today - November 2017 - 77
Pizza Today - November 2017 - Pizza Today Yellow Pages
Pizza Today - November 2017 - 79
Pizza Today - November 2017 - 80
Pizza Today - November 2017 - 81
Pizza Today - November 2017 - 82
Pizza Today - November 2017 - 83
Pizza Today - November 2017 - 84
Pizza Today - November 2017 - 85
Pizza Today - November 2017 - The Marketplace
Pizza Today - November 2017 - 87
Pizza Today - November 2017 - 88
Pizza Today - November 2017 - 89
Pizza Today - November 2017 - 90
Pizza Today - November 2017 - 91
Pizza Today - November 2017 - 92
Pizza Today - November 2017 - 93
Pizza Today - November 2017 - 94
Pizza Today - November 2017 - 95
Pizza Today - November 2017 - 96
Pizza Today - November 2017 - Reader’s Resource
Pizza Today - November 2017 - Mike’s Monthy Tip
Pizza Today - November 2017 - Cover3
Pizza Today - November 2017 - Cover4
https://www.nxtbook.com/emerald/pizzatoday/202112
https://www.nxtbook.com/emerald/pizzatoday/202111
https://www.nxtbook.com/emerald/pizzatoday/202110
https://www.nxtbook.com/emerald/pizzatoday/202109
https://www.nxtbook.com/emerald/pizzatoday/202108
https://www.nxtbook.com/emerald/pizzatoday/202107
https://www.nxtbook.com/emerald/pizzatoday/202106
https://www.nxtbook.com/emerald/pizzatoday/202105
https://www.nxtbook.com/emerald/pizzatoday/202104
https://www.nxtbook.com/nxtbooks/pizzatoday/202103
https://www.nxtbook.com/nxtbooks/pizzatoday/202102
https://www.nxtbook.com/nxtbooks/pizzatoday/202101
https://www.nxtbook.com/nxtbooks/pizzatoday/202012
https://www.nxtbook.com/nxtbooks/pizzatoday/202011
https://www.nxtbook.com/nxtbooks/pizzatoday/202010
https://www.nxtbook.com/nxtbooks/pizzatoday/202009
https://www.nxtbook.com/nxtbooks/pizzatoday/202008
https://www.nxtbook.com/nxtbooks/pizzatoday/202007
https://www.nxtbook.com/nxtbooks/pizzatoday/202006
https://www.nxtbook.com/nxtbooks/pizzatoday/expo_2020
https://www.nxtbook.com/nxtbooks/pizzatoday/202005
https://www.nxtbook.com/nxtbooks/pizzatoday/202004
https://www.nxtbook.com/nxtbooks/pizzatoday/202003
https://www.nxtbook.com/nxtbooks/pizzatoday/202002
https://www.nxtbook.com/nxtbooks/pizzatoday/202001
https://www.nxtbook.com/nxtbooks/pizzatoday/201912
https://www.nxtbook.com/nxtbooks/pizzatoday/201911
https://www.nxtbook.com/nxtbooks/pizzatoday/201910
https://www.nxtbook.com/nxtbooks/pizzatoday/201909
https://www.nxtbook.com/nxtbooks/pizzatoday/201908
https://www.nxtbook.com/nxtbooks/pizzatoday/201907
https://www.nxtbook.com/nxtbooks/pizzatoday/201906
https://www.nxtbook.com/nxtbooks/pizzatoday/201905
https://www.nxtbook.com/nxtbooks/pizzatoday/201904
https://www.nxtbook.com/nxtbooks/pizzatoday/201903
https://www.nxtbook.com/nxtbooks/pizzatoday/201902
https://www.nxtbook.com/nxtbooks/pizzatoday/201901
https://www.nxtbook.com/nxtbooks/pizzatoday/201812
https://www.nxtbook.com/nxtbooks/pizzatoday/201811
https://www.nxtbook.com/nxtbooks/pizzatoday/201810
https://www.nxtbook.com/nxtbooks/pizzatoday/201809
https://www.nxtbook.com/nxtbooks/pizzatoday/201808
https://www.nxtbook.com/nxtbooks/pizzatoday/201807
https://www.nxtbook.com/nxtbooks/pizzatoday/201806
https://www.nxtbook.com/nxtbooks/pizzatoday/201805
https://www.nxtbook.com/nxtbooks/pizzatoday/201804
https://www.nxtbook.com/nxtbooks/pizzatoday/201803
https://www.nxtbook.com/nxtbooks/pizzatoday/201802
https://www.nxtbook.com/nxtbooks/pizzatoday/201801
https://www.nxtbook.com/nxtbooks/pizzatoday/201712
https://www.nxtbook.com/nxtbooks/pizzatoday/201711
https://www.nxtbook.com/nxtbooks/pizzatoday/201710
https://www.nxtbook.com/nxtbooks/pizzatoday/201709
https://www.nxtbook.com/nxtbooks/pizzatoday/201708
https://www.nxtbook.com/nxtbooks/pizzatoday/201707
https://www.nxtbook.com/nxtbooks/pizzatoday/201706
https://www.nxtbook.com/nxtbooks/pizzatoday/201705
https://www.nxtbook.com/nxtbooks/pizzatoday/201704
https://www.nxtbook.com/nxtbooks/pizzatoday/201703
https://www.nxtbook.com/nxtbooks/pizzatoday/201702
https://www.nxtbook.com/nxtbooks/pizzatoday/201701
https://www.nxtbook.com/nxtbooks/pizzatoday/201612
https://www.nxtbook.com/nxtbooks/pizzatoday/201611
https://www.nxtbook.com/nxtbooks/pizzatoday/201610
https://www.nxtbook.com/nxtbooks/pizzatoday/201609
https://www.nxtbook.com/nxtbooks/pizzatoday/201608
https://www.nxtbook.com/nxtbooks/pizzatoday/201607
https://www.nxtbook.com/nxtbooks/pizzatoday/201606
https://www.nxtbook.com/nxtbooks/pizzatoday/201605
https://www.nxtbook.com/nxtbooks/pizzatoday/201604
https://www.nxtbook.com/nxtbooks/pizzatoday/201603
https://www.nxtbook.com/nxtbooks/pizzatoday/201602
https://www.nxtbook.com/nxtbooks/pizzatoday/201601
https://www.nxtbook.com/nxtbooks/pizzatoday/201512
https://www.nxtbook.com/nxtbooks/pizzatoday/201511
https://www.nxtbook.com/nxtbooks/pizzatoday/201510
https://www.nxtbook.com/nxtbooks/pizzatoday/201509
https://www.nxtbook.com/nxtbooks/pizzatoday/201508
https://www.nxtbook.com/nxtbooks/pizzatoday/201507
https://www.nxtbookmedia.com