Issue link: http://read.dmtmag.com/i/764739
w w w. v w m m e d i a . c o m J a n - F e b 2 017 | V I N E YA R D & W I N E RY M A N A G E M E N T 5 9 Employers using E-Verify must submit workers' I-9 data to the sys- tem, which searches databases of the Social Security Administration and the USCIS. If the data match- es, employers are notified that the worker is confirmed. In the case of a mismatch, employers receive a tentative nonconfirmation (TNC). Employers are required to follow specific procedures designed to protect workers' rights during the verification process. If a worker fails to appeal the TNC within eight working days, or if an appeal is unsuccessful, the employer receives a final nonconfirmation (FNC), which cannot be appealed further, and the employee must be terminated immediately. When an employer assists a worker with the I-9 or E-Verify pro- cess, the worker may confide in the employer, giving the employer actual knowledge that it's employ- ing an unauthorized worker. Similar- comply with current law and keep good records increases the chance that a company will survive an audit without an enforcement action. We strongly suggest seeking counsel to review current employ- m e n t a n d i m m i g r a t i o n p r o c e - dures, to avoid potential litigation and ensure compliance with cur- rent laws. Jamie R Adams, Ian Macdonald and Charles S. Birenbaum are with Greenberg Traurig, LLP (www. gtlaw.com). Adams focuses her practice on all aspects of labor and employment law. Macdonald is a national practice group leader with the firm's business immigration and compliance practice. Birenbaum serves as the firm's chair of North- ern California and is an experienced labor and employment attorney. Comments? Please e-mail us at feedback@vwmmedia.com. ly, when an employer receives an FNC through E-Verify, the employ- er is presumed to know that it's employing an unauthorized worker. A company that finds itself in either of these situations must let the worker go or risk severe penalties. BE AUDIT-READY In recent years, government agencies like the DOL have tar- geted agricultural industries, such as the wine industry, for workplace audits. Audits are often triggered through a disgruntled employee or a targeted initiative for certain types of businesses. The wine industry is a "red flag" industry, because it's considered to have a high probability of employing unau- thorized or misclassified workers. An audit may include a verification of whether a company is comply- ing with the laws discussed in this article. Taking preventive steps to For more inFormation, contact atPgrouP at (707) 836-6840 or online at www. atPgrouP.com atpgroup Introducing CDR WineLab Touch ~The Future of Wine Testing~ It's versatile. The WineLab Touch can perform 16 tests simultaneously. It's reliable. The WineLab Touch is extremely dependable and comes with a 3-year warranty. It's affordable. Any winery, large or small, can afford it. Contact ATPGroup for more information about leasing or purchasing. It's simple. The WineLab Touch requires no special training. Just add a sample to the pre-vialed reagent and go. It's very accurate. The WineLab Touch has 25 pre-calibrated tests for sugars, SO2, nitrogen, polyphenols, color, and many more. It's fast. Printout readings of must and wine in a matter of minutes.