BIZ WATCH:Labor rules may change

Today is Labor Day, and labor in the United States may be about to change.

The U.S. Department of Homeland Security announced a series of new measures last month to crack down on employers who hire illegal immigrants. The measures include raising fines for companies that knowingly hire illegals, more tightly inspecting Social Security and requiring federal employers to use an electronic system to prove employees are legal.

Not surprisingly, the regulations — announced in August by Homeland Security Secretary Michael Chertoff — have amassed critics, including a coalition of labor and immigrant rights groups that sued the Department of Homeland Security last week. Many opposed to the measures argue they would lead to wrongful dismissals and deplete the workforce in a number of industries.

From a labor standpoint, though, the regulations may have a positive effect. Erick Becker, the chief executive of the American Consulting Group in Mission Viejo, spoke with the Daily Pilot about how the new measures may change the workplace.

Question: What effect do you think the new regulations will have on unions?

Answer: A lot of the unions that are growing very rapidly have been doing so trying to organize immigrant workers. One of the things it may do for them is give them an issue they can keep organizing on. The regulations say employers can take steps to terminate employees if they receive a “no-match” letter, [regarding their Social Security information] and it’s not cleared up. I could imagine unions going to immigrant employees and saying, “We can negotiate contracts that can prevent your employer from firing you if you get a no-match letter.”

The unions are going to try to use that as a selling point to the immigrant workforce. The employer doesn’t have to agree with that, but that’s what unions are going to do to improve their membership.

Q: Will the new system make workers more afraid to unionize?

A: It may. I think the immigrant workforce tends to already be somewhat nervous, and this may have the effect of making them more nervous. My perception is the union is going to try to use it to their advantage. The other thing they may try to do is bring in lawsuits and say, “See, we’re fighting for your rights. You need to unionize.”

Q: Will employers be more wary of hiring foreign-born workers?

A: They shouldn’t, because the hiring process itself should still be the same under the I-9 process [which prevents employers from discriminating due to national origin]. It’s only when you hire somebody and get a no-match letter that it has impact. But it shouldn’t cause employers to refrain from hiring people who are of a certain national origin, because that could cause them trouble in a discrimination lawsuit.

Q: Which industries will be hit hardest by the regulations?

A: Primarily, janitorial, hospitality definitely, construction pretty severely, actually. They have a higher concentration of people who may be using false Social Security numbers, in my experience.

Q: Costa Mesa, in the last two years, has had a huge amount of contention over immigration issues. Will the new measures make a difference?

A: I don’t think it will fan the flames too much in the immigration debate. It’s one of those technical things. I think what it is going to do is lead to more immigration workers not being able to keep positions in regular industries. You’ll still have people working as housekeepers or landscapers where they don’t have go through the I-9 process, but I don’t think it will change the immigration debate.