We are hired for our (45) year Stability, Proven Reliable Quality, and Performance because "Investment Value" is what our customers Really Care About!
Serving San Diego County and Southwest Riverside
San Diego (619) 233-0903 / S. D. Coastal (760) 436-1292 / S. D. Inland (760) 740-9000 Temecula (951) 695-4900
Construction is a dangerous business, don't trust your most valuable asset to an uninsured lawbreaker operating with an undocumented workforce!
Contractors operating under the table is a real problem. In 2006, the (CSLB) reported; "Over half of the State Licensed C-39 Roofing Contractorsoperated without Workers Comp Insurance! The high cost of cheap labor is forcing the legal lawbiding contractor out-of-business because those contractors who operate with an undocumented workforce without Workers Comp or a certificate of self-insured have an unfair financial advantage. HOWEVER, If an undocumented employeebecomes injured on your project; You could become involved is expensive litigation.
The issue of undocumented workforce is not about racism, it's about unfair financial competition with lawbreakers who pay next to nothing in payroll taxes and workers comp coverage for their employees. Understand that by hiring the lawbreaker can result in the loss of your property in the event the uninsured worker is injured on your property.
Criminal PenaltiesEmployers convicted of having engaged in a pattern or practice of knowingly hiring unauthorized aliens or continuing to employ aliens knowing that they are or have become unauthorized to work in the United States, after November 6, 1986, (i.e. expiration of work authorization), may be fined up to $3,000 per unauthorized employeeand/or face up to 6 months of imprisonment. Also, engaging in Fraud or False Statements, or otherwise Misusing Visas, Immigration Permits, and Identity Documents can lead to criminal penalties.
Consumer Protection: Assembly Bill (AB) 881 amends Section 7125 of the Business and Professions Code signed into law effective January 1, 2007 - Stipulates "Workers Compensation Insurance" is required for all (C-39) Roofing Contractors or a valid Certification of Self-insurance whether or not they have employees. No exemptions will be granted. Steps like these help to make it harder for hiring an "ILLEGAL WORKFORCE." The C-39 Roofing contractorwho is not complying with this law is considered an Unlicensed Contractor!
Employer Sanctions for Hiring Illegal Aliens An employer found to have knowingly hired, recruited or referred for a fee, or continued to employee, an unauthorized alien for employment in the United States shall be subject to an order to cease and desist from the unlawful behavior and to pay a civil fine. An employer can be fined $250 - $2,000 per unauthorized alien with respect to whom theFirst offense 2(Ref.)http://www.smartbusinesspractices.com/legal_penalties.php#2occurred before September 29, 1999, and not less than $275 and not exceeding $2,200, for each unauthorized alien with respect to whom the offense occurred on or after September 29, 1999. An employer can be fined from $2,000 - $5,000 per unauthorized alien for a Second offensethat occurred before September 29,1999, and between $2,200 - $5,500 if occurred on or after September 29, 1999. An employer can be fined from $3,000 - $10,000 per unauthorized alien for each, andThird or Subsequent offense that occurred before September 29, 1999 can be finedbetween $3,300 - $11,000 if occurred on or after September 29, 1999.These penalties are not limited to employees for whom employers complete and retain I-9 files, but also cover employers’ use of contract personnel known to them to be unauthorized to work in the United States. If an employer can demonstrate compliance with Form I-9 requirements, a good faith defense with respect to a charge of knowingly hiring an unauthorized alien will have been established unless the government can prove otherwise.
Failure to Comply with Form I-9 Requirements Employers who fail to properly complete, retain, and/or present Forms I-9 for inspection as required by law may be subject to a civil penalty for violations occurring on or after September 29, 1999 from $110 - $1,100 per employee whose Form I-9 is not properly completed, retained, and/or presented.For violations occurring before September 29, 1999;civil penalties range from $100 to $1,000. In determining the amount of the civil penalty, the following factors are considered: size of the business of the employer being charged; the good faith of the employer; the seriousness of the violation; whether or not the individual was an unauthorized alien, and the history of previous violations of the employer.
Requiring Indemnification Employers found to have required a bond or indemnity from an employee against liability under the employer sanctions laws may be fined $1,000 for each violation before September 29, 1999, and $1,100 per violation on or after September 29, 1999, and ordered tomake restitution to the person required to pay the indemnity. If that person cannot be located, payment is made to the U.S. Treasury. Even the mere suspicion that the contractor is using an under-the-table Illegal-Alien-Workforce;contact the Department of Homeland Security (DHS)'s Immigration and Customs Enforcement (ICE) division at 1-866-DHS-2ICE (866-347-2423).http://www.smartbusinesspractices.com/report_riw.php
Increased Fines for Undocumented Workers Federal law requires that all employers verify the identity and employment eligibility of all new employees (including seasonal workers) within three days of hire. Employees are required by Law to complete the Form I-9, and employees must provide employers with documentation establishing both identity and eligibility to work within the United States.
To help employers verify worker status, the Department of Homeland Security (DHS) and the Social Security Administration (SSA) have established an electronic system called E-Verify, which allows participating employers to electronically verify the employment eligibility of their newly-hired employees.
In March of 2008, the Department of Justice and the Department of Homeland Security enacted new border security reforms that increased the fines for hiring undocumented workers by as much as $5000.If you participate in the underground economy, you affect the government's ability to provide services such as health care, pensions, and employment insurance. The CSLB takes this problem seriously, and has a number of Federal and State agencies involved on identification, audit, and enforcement initiatives aimed at addressing the underground economy.