E-Verify /  MOU

E-Verify, https://www.vis-dhs.com/EmployerRegistrationsign a Memorandum of Understanding (MOU)

1. Each site to perform one site may also verify new hires at all sites
2. Initiate a query under E-Verify after individual accept the offer and after the completing the I-9 form, do it within 3 business days
3. For all the new hired, can not go back and check unless receive the no match letter
4. not mandatory, but strongly encouraged, E-Verify third party agent can do it for you, need to register employers/clients, both sign MOU
5. Rebuttable presumption-not knowingly hired an unauthorized alien.
6. Opt out

Arizona -Legal Arizona Workers Act, effective 09/19/2007, but employer sanctions can be imposed only for acts occurring after 01/01/2008

1. Must use Federal E-Verify program on or after 01/01/2008
2. Penalty if knowingly or internationally hired illegal aliens
3. Knowingly: fail to complete I-9 or improperly complete, info indicating that the alien is not authorized to work, allow someone to introduce an illegal alien to work
4. Mandatory investigations of all complaints
5. Investigations will consist of inquires to the federal government
6. Compulsory prosecution of all “non-frivolous” complaints
7. As long as one AZ employee in Arizona and Arizona license, this act applies
8. Can not prosecute prior to 01/01/2008, however, if illegal alien remains in the payroll records on of after 01/01/2008, will still have a penalty

Example: a person complain, attorney general Must conduct an investigation-sending a request to USCIS to respond whether the worker is authorized to work, CIS’s response will be the only evidence allowed to be introduced in AZ Court

Legal Arizona Workers Act  Penalty

1. Knowingly violation, First Offense, 10 days suspension of license factors to consider regarding suspensions

a)      the number of unauthorized aliens employed

b)      any prior misconduct by the employer

c)      the degree of harm resulting from the violation

d)      whether the employer made good faith efforts to comply with any applicable requirements

e)      duration of the violation

f)        the role of the directors, officers, or principals of the employer in the violation

g)      any other factors the court deems relevant

2. Termination of unauthorized aliens and certificate to the court-affidavit submit to the court within 3 days

3. Three year probationary period- (intentionally hired illegal alien, 5 years probationary period)-file quarterly reports with he County Attorney identifying new employees hired in the location where the unauthorized alien perform work
4. Permanent revocation for second violation
5. Violators are identified on the State Attorney General’s websites

Once found violation by AZ, company is twice found by Arizona Courts, Federal may follow-criminal proceedings, or imposed penalties based on AZ finings. Federal (Immigration Reform and control act of 1986)-pattern and practice of knowing violations, up to $3000 per illegal alien, jail up to 6 months for the owner of the employer

Most cases, penalties $250 to $2000 per alien for first offense, $2,000-$5,000 per alien for 2^nd offense, $3000 to $10,000 per alien for each sequent offense

Example: Georgia peach grower fined 1.1 million, Orange County Roofing company $1.2 millions in 1994 

Arizona Contractors Association v. Napolitano filed in 07/2007 to claim this law is unconstitutional

08/2007 business groups seek preliminary injunction halting Arizona ’s employer sanctions Law

 Details of 2008 Cooking Contest

In January the CRAA Board met with Mr. David Ludwig and six of his department managers. Also in attendence was Mr. Al Brown who is the director over Mr. Ludwig. The meeting was a friendly luncheon with the purpose of exchanging concerns, ideas, and improving working relationships, all of which could help lead to improve performance by member restaurants.

The CRAA first expressed concern that chinese restaurants seemed to be in the news a lot and asked if somehow chinese resstaurants were being targeted. The Health Department Said they were not paying any extra attention to chinese restaurants.

David Ludwig shared some data on restaurant inspections that he had. Three items stood out. The first was food temperatures, by far the most frequent problem. The second was violations involving eating/drinking & handwashing. The third was chemical storage and labeling of bottles/containers. Mr. Ludwig emphasized the constant monitoring of critical items especially those three. He also said that training of employees was one of the most important factors in controlling critical areas.

The CRAA informed Mr. Ludwig that we were having some difficulty scheduling a food handlers class and asked for assistance. Mr. Ludwig promised to do so. (Notes: soon after the meeting a class was scheduled.)

The Health Department agreed that cultural awareness regarding chinese culture and cuisine can be improved and that a better understanding can help overcome language barriers. (See related article on Cultural Awareness Class.) At the time, they were actively recruiting a specialist to act as a liaison between chinese restaurants and the department. As of the publication of this newsletter no specialist had been found or hired. The CRAA board told the Health Department that we could provide translators if a restaurant requests one.

The department informed us that new state regulations are being developed which will mean some changes in how inspections are conducted. They will keep the CRAA informed.

Some of the department supervisors gave their views on restaurant inspections. They pointed out that if an inspector keeps seeing repeat violations at a only human nature that the inspector will be more strict in those areas. An inspector who sees improvements from the last inspections is more likely to work better with the onwer. Also, when an inspector enters a restaurant and all of s sudden he/she sees a firedrill with shouting in chinese it only makes them somewhat suspicious.

The meeting concluded with an agreement that we should have such a meeting at least once a year.

Congratulations Randy!

Safety Training Seminar a Safety training Seminar waaaaas presented by the Phoenix Police Department, Phoenix Alarm Company and the CRAA. Several members of the police department spoke about different areas of crime safety at home, business, and in the car. Two representatives from the alarm company spoke about alarm features that may help in a home invasion/burglary situation. The following are a some of the discussion highlights and recommendations presented at the seminar:

Doors. Make sure they can be secured both front and back of your business and home. A double cylinder deadbolt is preferred. The hinges should be on the inside of the door. Use wide angle peepholes.

If you are being followed call 911 and give a good description of both your vehicle and the suspect vehicle. Keep moving and keep making right hand turns at major intersections which will make it easier for police to find you. If you do not have a cell phone, go to a busy shooping center and locate a public phone.

If you suspect that you are being followed but are not sure, then do something unexpected like making a right hand turn then stopping to the side. See if the vehicle behind you dose the same thing.

Know where police and fire station are. Pull into the parking lot and honk your horn loud and continously.

At home, install security doors in front of your regular doors Properly installed, they are hard to force open. They make it hard to see in, but are easy to see out.

To help avoid being a target of asoan gangs the police recommend that you don't put your name and address in the phone book. Asian gangs come into town and look in the phone book for asian names. Also, don't put prominent asian features on the outside of your home such aas ornaments because that is another thing asian gangs look for.

If you are suspicious of someone, go ahead and take a good description and a license plate number. The information may be useful later.

If you are a victim of a crime, try to remain calm and get a good description(s). Afterwards don't mess with the crime scene. You may destroy some important evidence.

The alarm company pointed out that if your phone line is cut, your alarm system cannot be monitored and your alarm company may not know your line has been cut until hours later. They recommend that people look into what they call a "cell backup" sevice where an alarm's monitoring system is still operational even if the telephone line is cut. If you currently have an alarm, ask your company. Not all alram companies offer such a service.

Phoenix Alarm is one that does. Pjoenix Alarm also recommended having a panic button feature which is a button when pressed will alert the police department.

Finally, the alarm company stated that the exposed phone line leading into your home is only a few fet long and that it is possible to wrap it in metal. This makes it harder and more time consuming to cut which may discourage criminals. The materials are available at major hardware stores.

These are just some of the recommendations presented. For a more complete list just mail a request to the CRAA and you will be sent a copy.

The Health Department held a "Cultural Awareness Class" for its inspectors so that they can better understand and respect the cultures of different ethnic people. Prior to the class the CRAA board of directors met with the Health Department Supervisor in charge of conducting the class, Mr. Mo Heydari, R.S. The board expressed many concerns and were able to convey several chinese cultural things that inspectors should be aware of. Some of the items discused were:

• Language problems. Taking the time to communicate and be understood. Ways to make sure owners are understanding what the inspectors are saying and vice versa.
  
  
• How chinese culture affects the way a chinese restaurant is organized and managed.
  
  
• How the manager in the dining room may not be the only person who needs to understand Health Inspection concerns. Who is really in charge?
  
  
• How figures of authority are treated in Chinese culture.
  
  
• The uniqueness of chinese food and the different preparation and cooking methods.
  
  
• How the lunch hour is not a good time for inspectors to arrive.

When a restaurant does have problems and there is a language barrier, the CRAA can help but the restaurant owner must ask first for assistance.

Mr. Garry Ong attended the class with all the inspectors, made a one hour presentation and answered questions on these cultural issues. Hopefully the class will lead to a better understanding by the inspectors, better communication and a better environment in which restaurant owners can work with inspectors to improve scores.

We should all thank Garry for a great job!

As part of the Chinese Week project, the CRAA sponsored this year's Spelling Bee Contest put on by the Arizona Education Foundation. The CRAA sponsorship waas in the amount of $10,000 which the foundation used to conduct the contest and send the winner to Washington D.C. to compete in the National Spelling Bee.

President Dan Ong was one of the three spelling bee judges at the state finals which took place on March 31, 2001. TV Channel 15 showed the finals on April 14, 2001. Especially beneficial for our restaurant industry was that the CRAA was given a lot of exposure in the print and TV publicity leading up to and during the finals. A chinese gril, Kimberly Yang from Mountainside Middle School almost won the contest placing second.

All member of the CRAA were mailed a plaque from the Arizona Education Foundation thanking us. You can proudly display the plaque in your restaurant as a supporter of education.

There are five vacancies on the Board for the years of 2001 - 2002. Please vote for your candidates by making check marks next to their names or fill in the name of you ideal candidates into the blank line. You can vote up to five candidates.

CRAA
P.O. BOX 34435
Phoenix, AZ 85067