The Tar Heel Van - North Carolina Movers Association

The Tar Heel Van
Tearing Up the Track—Charlotte Van & Storage
Moves a Piece of Racing History
Without a doubt, the
Carolinas are the heart
and soul of NASCAR.
Anyone that has been
fortunate enough to be in
the Charlotte region during a race weekend can
testify that it is an experience to be remembered.
It was with great enthusiasm, then, that Charlotte
Van was asked to take
part in a historic move—
the transportation of the
starting line of Darlington
Raceway. Built in 1950 by
Harold Brasington, Darlington Raceway was the
location of NASCAR’s
first race on a paved
track. Over the years,
due to its oval/egg shaped
track and tight turns, it
has earned the reputation
as the feistiest track in the
circuit. As time as worn
Second Quarter
2008
In This Issue
From the President
3
Members on the Move
4
FMCSA Cracking Down
on Rogue Interstate
Movers
5
Families First
Update
7
Racing Towards Success: 10
Port City Transfer &
Storage
National Council of
Moving Associations
11
Safe Summer Driving
Tips
12
Government Enforcment 13
Re: Illegal Aliens
Frank Watson, III, of Charlotte Van & Storage
posing for an once in-a-lifetime photo op on the
Darlington Raceway with one of CVS’ own
tractor-trailers.
(Continued on page 2)
North Carolina Movers
Association, Inc.
P O Box 61210
NCMA Mission Statement
Raleigh, NC 27661-1210
Phone 919/554-8920
The mission of the North Carolina Movers Association is to provide guidance to our members concerning rates, tariffs, and rules
and regulations as prescribed by the NC Utilities Commission.
Most importantly we provide support for our members and sponsors so they can supply quality service to the moving and consuming public.
Toll Free 800/325-2114
Fax 800/325-2114
E-mail ncmovers@aol.com
Internet: www.ncmovers.org
Pam Stanley, Executive Director
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(Continued from page 1)
on, so too has the wear on the track. In 2007, the
Board of Directors approved a facelift to the facility—
which included a complete repaving of the track. Piece
by piece, the start line of the track was cut into more
manageable (albeit thick and heavy) pieces that made
them more conducive to travel. Charlotte Van assisted
in the loading and transported the chunks of pavement
to Charlotte for eventual display in the NASCAR Hall
of Fame, set to open in Charlotte’s Uptown in 2010.
Pieces of the Start Line, measuring well over 18” in depth.
SAVE THE DATES!
The 54th Annual NCMA Convention & Trade Show will
be held October 23-26 at the Clarion Hotel in
Greensboro. Watch for the upcoming details!
Be sure to support our Associate Members!
For a full list of our Associate Members, go
to www.ncmovers.org.
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From the President
Hello, hope this finds everyone doing well.
Summer has hit us and the moving business has
finally picked up. I hope you have more than
enough business to handle and the employees
needed to service them.
Your board of directors has continued to
work with the NC Utilities Commission, the
Public Staff and the NC Highway Patrol on a set
of procedures and timelines on how to deal
with illegal operators. The Public Staff has hired
a temporary employee to deal with the illegals.
Hopefully, we will be able to handle on this
endless problem.
We still have not heard on the ruling on the
docket concerning the application on getting a
certificate in the state. Maybe one day. Your
board has upgraded our membership
requirements, including having all members sign
the new Code of Ethics.
As always, your board is here to serve you
and the interests of the moving industry in
North Carolina. If there is anything you feel the
board needs to address, please contact us or
attend one of our board meetings.
President Mark Fincher
God bless each,
Mark
NCMA Board of Directors
President—Mark Fincher, Weathers Moving & Distribution, Fayetteville, NC
Vice-President—Alan Burgin, Sells Service, Statesville, NC
Secretary/Treasurer—Tom Hunnicutt, Jr., Gasperson Transfer & Storage, Asheville, NC
2008 Directors: Dean Barrett, Ray Moving & Storage, Greensboro, NC; Todd Eberhardt, Two Men and A Truck of
Wilmington, Wilmington, NC; Tony Harris, Murray Transfer & Storage, Wilmington, NC;
2009 Directors: Todd Cummings, Todd’s Easy Moves, Winston-Salem, NC; Robert Long, DeHaven’s Transfer &
Storage, Durham, NC; Will Pleasants, Charlotte Van & Storage, Charlotte, NC
2010 Directors: Grant Cunningham, Security Storage Company of Raleigh, Raleigh, NC: Vicky Filley, Fidelity Moving
& Storage, Fayetteville, NC; Don Reid, Easy Movers, Pineville, NC; Tripp Moore, Two Men and Truck of Charlotte,
Charlotte, NC
Ex-Officio—John Potts, All American Relocation, Raleigh, NC
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Members on the Move
Easy Movers of Charlotte has been awarded Angie’s List Superservice Award for 2007. This is their third year
in a row and the fifth time they’ve won this award in seven year. They were also named one of Charlotte
Magazine’s 2008 Best of the Best in Charlotte in the category of moving (as voted on by the readers of the
magazine).
Mayflower Transit has announced their Performance Leaders for the First Quarter of 2008. All American
Relocation in Raleigh won it in the category of 375-599 Shipments/Year. All American Relocation of
Charlotte won it in the category of 250-374 Shipments/Year. Charlotte Van & Storage in Charlotte won it
in the category of 100-149 Shipments/Year. Only 12 Mayflower agents in the entire company were recognized.
It’s amazing that 25% of them are here in North Carolina!
Scott Luther, Relocation Specialist for All American Relocation of Charlotte has received the 2007 Master
Club Sales Achievement Award from Mayflower Transit.
All American Relocation in Raleigh was named United Van Lines’ Agent of the Month for February 2008 and
runner up for April 2008. All American Relocation of Charlotte was named Mayflower Transit’s runner up
for the Agent of the Month for March 2008.
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FMCSA Cracking Down on Rogue
Interstate Moving Companies
Reprinted from Transport Topics Online
The Federal Motor Carriers Safety Administration has announced that it will continue to target
rogue interstate moving companies that violate
federal consumer protection and safety regulations.
FMCSA announced the results of a recently
concluded strike force investigation involving
nearly 350 moving companies located in 13 states
and the District of Columbia.
In all, 1,140 violations of federal regulations
resulted in $325,000 in fines, said FMCSA, which
is part of the Department of Transportation.
“Interstate movers with fraudulent or rogue
operations are hereby put on notice: federal investigators will be knocking on your door in the
future and you will face serious legal and financial
consequences,” FMCSA Administrator John Hill
said.
“During this strike force alone, six companies
received federal fines in excess of $27,000,” he
said in a statement.
From May 5 through May 16, FMCSA, in cooperation with state law enforcement and consumer
protection agencies, conducted focused compliance reviews on carriers hired to transport consumers’ personal property across state lines.
The companies cited were in California, Florida,
Georgia, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New York, Ohio, Vermont,
and Virginia. For a list of the companies cited,
visit www.fmcsa.dot.gov/hhg-2008-05results.
Be sure to send news about your company or employees to
ncmovers.org. We’re always glad to recognize good work by
our members!
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Families First Update
After a week of testing by Personal Property Shipping Offices and other government representatives, DOD has
decided to again push back the implementation date for Families First. Fixing the problems with the DPS
computer system means SDDC may begin booking Families First shipments on September 8.
A specific roll-out plan for some or all of the initial 18 military installations is still being developed, and DOD is
considering our suggestion to find ways to ease into the implementation, rather than include all shipments from
all 18 locations. The next round of testing for the DPS computer system will take place July 22-25, with van
lines, agent, forwarders and US Bank participating.
Meantime, a new DOD website for Families First is now online. The new website, www.move.mil, is designed to
meet the needs of all users of the Defense Personal Property System (DPS), according to Lt. Col. William
Carberry, JPMO HHGS program manager. His announcement cited features including a link to DPS, newsletters,
information on upcoming events, frequently asked questions, and search capability. You can also subscribe to
DPS newsletters and "infograms" on the site.
AMSA will launch a new quarterly military e-newsletter next month targeted at the military experts within
your company. This new e-mailed newsletter will contain updates on changes with the military and the latest
details on the Families First program (see preceding story).
The inaugural issue will look at the current status of Families First as it moves closer to implementation, and also
discuss recent changes in general officers at the relevant commands. We will also include current statistics on
military shipments. If you'd like to receive this special new AMSA publication, please send an e-mail
o: Membership_Web@moving.org, with the subject line, "Military Newsletter."
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Tip from the NC Highway Patrol:
Putting your C number on the BACK of your truck
is a good idea. It might save you from being
stopped, by readily identifying you from behind as
being a LEGAL mover. The Utilities Commission is
not requiring this at this time, but it can’t hurt you
and may very well help you!
Welcome to our New Members!
Kelly Moving, Inc.
Campobello, SC
Suddath Relocation Systems of
Charlotte
Charlotte, NC
Reliable Moving Company, LLC
New Bern,
Two Men and a Truck of Eastern, NC
Greenville, NC
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Racing Towards Success
Reprinted with Permission from Direction Magazine
Scott King
Port City Transfer & Storage
Mooresville, NC
Please describe your company and its
operations.
We look at ourselves as a one-stop shop for
moving services. We also have a mini storage
facility that offers Penske truck rental and retail
box sales. This combination lets us operate as
a full-service mover, as a truck load/unload
service, or as a truck rental service.
How did you get into this business?
My father-in-law, Eddie Jones, retired from an
energy company after 35 years and I had
worked in the industry. So when a local
moving company came up for sale, after several
family conversation, we decided to take the
plunge together. I’m now vice president of
operations, but Eddie is now ready to turn over
the business to me.
How has your company grown or
changed over the years?
When our company was founded in 1970, we
had one truck and the owners did all the
moves. After an acquisition in 2003, we
currently have four 35-foot straight trucks, one
tractor and four trailers. Our gross revenue
has increased significantly every year. We are
blessed to be located in a very high growth area
which has attracted a lot of people because of
the racing industry and the proximity to Lake
Norman. We have moved many people
associated with racing industry—everybody
from drivers and crew chiefs to entire race
teams.
Tell us more about the involvement
you’ve had with NASCAR.
Port City Transfer & Storage has moved
drivers Jeff Green, Ernie Irvan and Kyle Busch. We’ve
also moved Kurt and Kyle Busch’s grandmother, Matt
Kenseth’s crew engineer Chip Bolin, the crew chief for
Kenny Francis Evernham, Kasey Kahne and Joe Gibbs’
daughter Melissa. One of our most memorable moves
was for Dale Earnhardt Inc. E moved their entire gear,
rear end and transmission shop with a $5 million
inventory weighing more than 50 tons in 22 hours. We
also moved an entire race shop—BMR Racing owned
by Brack Maggard– from Denver to Concord, NC.
How has your company integrated technology
and innovation?
Port City Transfer & Storage is today a computerdriven company. We use moving software that
calculates our own tariff for interstate moves and the
North Carolina tariff for intrastate moves. We use
Palm Pilots to do customer surveys and can print
estimates right in our customer’s home. Back at the
office, information is transferred electronically to our
central computers. Our trucks, utilizing GPS and cell
phone technology, can be constantly tracked for their
precise location and speed.
How do you ensure that your company provides
quality customer service?
We require that our office staff has AMSA certification
and we provide classes on proper packing and moving
techniques to all our movers, which utilize AMSA
training software. Managers check all our trucks on a
daily and weekly basis for functioning equipment,
cleanliness and order. Managers also perform spot
checks each week on actual moves in progress to
ensure crew compliance with our standards. But the
basic approach remains hiring employees who care
about our business.
Describe your continuing improvement process
or quality program.
Completed moves are spot-checked over the phone or
by visits from management for customer feedback on
how we can improve. Crews are debriefed on
customer perceptions, problems and satisfaction.
Damages are tracked by type, by crew and by individual.
We have a required reading package for our movers
(Continued on page 11)
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(Continued from page 10)
that covers any damages that might occur. This includes examining recurring damages, such as a description of
what caused the damage and how to prevent it from happening again.
What’s your biggest concern about your business?
Truck and personnel safety is our No. 1 concern, followed by the cost of insurance—especially for workman’s
compensation. As far as our industry as a whole, clearly the current housing market crisis is the biggest short
term risk.
What’s the biggest risk you’ve taken?
Taking out a loan to enter the mini-storage business. We have had to have faith that such diversification would
produce revenues, not failure.
What’s the biggest lesson who have learned in business?
Never go home tired and broke.
How do you see this industry changing in the next decade?
I expect to see significantly better fuel economy in our trucks and more competition from the portable storage
industry.
Port City Transfer & Storage
Areas Served: North Carolina,
South Carolina, Georgia, Virginia,
Tennessee & Florida
Founded: 1970
President: Eddie Jones
National Council of Moving Association’s Annual Meeting
The National Council of Moving Associations recently held their 40th annual meeting in Last Vegas. The agenda
included a presentation by Louis Campion (MD) of their brand-new consumer education DVD; information from
Steve Weitekamp (CMSA) regarding their successful efforts in California in getting Craig’s List to put a consumer
link on the first page of the movers listings; and information from AMSA regarding their ProMover program and
joint educational opportunities, including plans for a customer service webinar series later this fall. AMSA will be
working with the state associations to determine how the national ProMover program may be able to link into
state efforts. NCMA members are also expressed interest in working with AMSA on training and education efforts
as well as developing joint affinity (bulk buying) programs with the states. The current board was re-elected for
another term: Pat McLaughlin (IL) chair, Pam Stanley (NC) vice chair; Louis Campion (MD) director. There were
representatives from 19 state moving associations, as well as the Household Goods Forwarders Association; the
Claims Prevention and Procedure Council; the Canadian Association of Movers; the American Moving & Storage
Association, and Jim McMahon, NCMA Counsel. Gateways International, AE Worldwide, Milburn Printing and
Vanliner Insurance were the sponsors.
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Safe Summer Driving Tips from America’s Top Truck Drivers
America’s Road Team Captains Give Important Safety Tips
From the Office of Public Affairs, American Trucking Association
As motorists prepare for the busy summer vacation travel, a team of million mile accident-free drivers are
helping to make our roads safer. America’s Road Team Captains, elite professional truck drivers chosen by the
American Trucking Association, are offering advice on how to safely navigate through highway traffic and
congestion this summer and, at the same time, save costly fuel.
•
•
•
•
•
•
America’s Road Team Captains agree that the first step towards a safe trip begins in the driveway.
Do a “walk around” before leaving: Check your vehicle’s tires, wipers and fluids. Have your radiator and
cooling system serviced. You can prevent many of the problems that strand motorists on the side of the road
before you leave home.
Plan ahead: Before you get on a highway, know your exit by name and number, and watch the signs for the
exit as you near it. Drivers making unexpected lane changes to exit often cause accidents.
Get a map or program your GPS: Surprisingly, few motorists use maps, even when driving through
unfamiliar areas. Knowing the road is essential for safe driving—it allows you to anticipate the road ahead and
avoid a panicky search for directions.
Leave early and avoid risks: Leave early so you won’t be anxious about arriving late and to anticipate
delays. Know your limitations: don’t drive when tired, upset, or physically ill. Never try to gain a few seconds
by attempting a risky maneuver and think twice about changing lanes just to get around a vehicle that is
traveling a speed close to yours.
Be aware of truck blind spots: When sharing the road with large trucks, be aware of their blind spots. If
you can’t see the truck driver in his or her mirrors, then the truck driver can’t see you.
Expect the unexpected: Look 1/4 mile ahead for a safe path. Leave yourself an out.
Use your cell phone with caution: Pull off to a designated parking area to use your cell phone.
Signal your intentions: To change lanes, signal ahead of time so other drivers can respond. If a truck is
signaling to change lanes, allow it space to do so. Often, it is trying to avoid another vehicle.
• Do not cut in front of large trucks: Remember that trucks are heavier and take longer to make a
complete stop, so avoid cutting quickly in front of them.
• Yield: On entrance ramps, remember highway traffic has the right of way; maintain proper speed, use smooth
merging techniques, and don’t slow down in front of a truck.
• Never stop on the highway: The most dangerous speed on a highway is zero. Stopped vehicles, even on
the shoulder, create a severe hazard of themselves and others. If you are stopped for emergency purposes,
understand that big trucks cannot always stop to assist you, but most will use their radios to contact the police
of highway patrol if they see you are in trouble.
• Watch your gas gauge: To save fuel, take direct routes, minimize side trips, and keep a steady speed.
Further, a well-tuned engine, properly inflated tires and reduced speed will result in noticeable fuel savings.
Have at least a quarter of a tank of gas before you get on a highway. Traffic tie-ups can use a lot of fuel—and
may leave you stranded.
• Construction zones: Stay alert in work zones. Traffic may move more slowly, and lanes may be temporarily
closed. Obey informational signs located within the work zone.
The America’s Road Team would like to remind the motoring public that from driveway to highway, safety
requires patience and dedication.
•
•
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WARD AND SMITH, P.A.
ATTORNEYSATLAW
Recent Developments in Governmental Enforcement against Employers
Who May have Hired Illegal Aliens and Remedies Available
"Worksite enforcement actions target a key component of the illicit support structure that enables illegal
immigration to flourish. No employer, regardless of industry or location is immune from complying with the
nation's laws. ICE and our law enforcement partners will continue to bring all of our authorities to bear in this
fight using criminal charges, asset seizures, administrative arrests and deportations."
Julie L. Myers, Assistant Secretary for Homeland Security, U.S. Immigration and Customs Enforcement
The U.S. Immigration and Customs Enforcement ("ICE") was established in 2003 as the investigative arm of
the Department of Homeland Security ("DHS"). On April 16, 2008, ICE arrested over 280 foreign nationals
employed at Pilgrim's Pride Processing Centers for both immigration violations and identity theft, underlining
the increased activities by ICE and the countervailing need for employers to adhere to correct hiring and
record maintenance procedures. While the ICE website maintains that its agents prioritize workforce
enforcement to areas involving critical infrastructure and national security, their raids and audits seem to
include facilities requiring the employment of relatively modestly paid workers in all types of manufacturing,
agricultural, and food production businesses. The ICE-generated graph below demonstrates the increasing
frequency of arrests from 2002 through 20The law is clear – employers have an affirmative duty to verify that
each of their employees is authorized to work in the United States.
www.ice.gov/pi/news/factsheets/worksite.htm
The Form I-9, Employment Eligibility Verification, was developed for verifying that persons are eligible to
work in the United States. Employers must have a completed Form I-9 for every employee, regardless of
citizenship or national origin, hired after November 6, 1986.
The Form I-9 contains three sections. The employee must complete Section 1 (Employee Information and
Verification) at the time of hire. The employer must complete Section 2 (Employer Review and Verification)
and Section 3 (Updating and Reverification). Section 2 must be completed within three business days after
the employee's date of hire. Employers must retain the Form I-9 for each employee either for three years
after the date of hire or for one year after employment is terminated, whichever is later. Upon request, all
Form I-9s must be made available to an authorized agent of ICE.
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Common Mistakes in the Form I-9
Since the development of the Form I-9, employers time and time again seem to make the same mistakes:
•
Failure of the employee to provide all information requested in Section 1 – No employee should be
allowed to commence or continue employment before all of the information in Section 1 of the Form I-9
is provided, including the employee's designation of employment-authorized status. This requirement
applies to all employees hired after November 6, 1986, even to United States citizen employees. An
employer must consider that a terminated employee may not be available later on to complete Section
1, so it is imperative that Section 1 be completed after the date of hire.
•
Failure of the employer to require the necessary documentation as proof of an employee's identity –
Section 2 of the Form I-9 requires employers to examine evidence of an employee's identity and
employment eligibility. Many employers make the mistake of requiring only a state-issued driver's
license as documentary proof of an employee's identity. If an employee provides a driver's license, the
employee also must provide a document that establishes employment eligibility. An employer should
refer to the list of acceptable documentation which is attached as part of the Form I-9 and be certain
that the document proffered by the employee is on that list.
•
Inconsistency regarding the documentation supporting the Form I-9 – Some employers are not
consistent in the way they maintain their Form I-9s – that is, they attach supporting documentation to
some I-9s, but not to others. While failure to attach supporting documentation is not an ICE violation, it
can be considered to be discriminatory if an employer is not consistent in this regard. It is important to
note, however, that during a raid, ICE agents may inspect only the Form I-9s. Therefore, employers
should maintain the documentation supporting the Form I-9s separate from the Forms themselves.
Should ICE agents want to view other documents, speak to employees, or tour the facilities, they must
obtain a subpoena or warrant.
•
Neglect of Section 3 – Section 3 of the Form I-9 requires an employer to reverify work authorization
when one or more of the documents provided by an employee expires. This Section is signed by the
employer and is one of the first things that ICE agents check during a raid or audit. The employee must
present a document that shows either an extension of the employee's initial employment authorization
or a new work authorization. The employer may not request documentation that is in addition to that
used to complete the original Form I-9, as such a request may be considered discriminatory.
Paperwork violations such as those described above can carry civil fines of $110 to $1100 per
employee. While such fines are mandatory under the law, certain factors may be taken into account in
determining the amount of the fine, such as whether the employee was, in fact, not work authorized;
whether the employer has a record of previous violations; the size of the employer's business; and
good faith shown by the employer.
E-Verify
Although the Form I-9 is mandatory for every employee hired after November 6, 1986, proper completion
of the Form does not protect employers that hire employees who present identification documentation
obtained through fraud or identity theft. E-Verify is an on-line social security number/visa confirmation
system that is offered by the Social Security Administration ("SSA") and DHS. Use of E-Verify helps an
employer defend against an ICE accusation that the employer had "constructive knowledge" of an
employee's false documentation. While E-Verify is mandatory for government contractors, it still is
voluntary for all other employers. Nevertheless, approximately 16,000 employers nationwide have
registered for E-Verify.
When Swift & Co. had six facilities raided in late 2006, ICE arrested 1,282 illegal immigrants and instituted
200 criminal charges for using false documentation through identity theft. The fact that Swift had signed up
voluntarily for participation in E-Verify was viewed by ICE as a good faith effort on its part to hire only
employment-authorized aliens.
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In addition to E-Verify, DHS recently introduced the ICE Mutual Agreement between Government and
Employers ("IMAGE") program. The purpose of IMAGE is to assist employers in developing a more
secure and stable workforce and to enhance fraudulent document awareness through education and
training. Employers that register for IMAGE, among other things, enroll in E-Verify and voluntarily allow
ICE to audit their workforce.
The Definition of Constructive Knowledge
A determination that an employer has constructive knowledge that an employee is not work authorized
can result in employer liability in the event of an ICE raid or audit. Constructive knowledge is defined as
knowledge that can be fairly inferred through the existence of particular facts and/or circumstances that
would lead a person, through the exercise of reasonable care, to know about a certain condition.
Unfortunately, constructive knowledge in this context can be imputed to an employer who fails to
complete or improperly completes the Form I-9; acts with reckless and wanton disregard for the legal
consequences of permitting individuals to introduce an unauthorized alien into its work force or to act on
its behalf; and fails to take reasonable steps after receiving information that the employee may be an
alien who is not work authorized, such as:
1. An employee requests the employer to file a labor certification or employment-based visa petition for
that employee;
2. After reporting an employee's earnings on Form W-2, the employer receives notice from the SSA by
a "no-match letter" that the employee's name and corresponding social security number fail to match
SSA records; or
3. The employer receives notice from DHS/ICE by a "notice of suspect documents" that the
immigration status document or employment authorization document presented or referenced by the
employee in completing the Form I-9 is assigned to another person or that there is no agency record
that the document has been assigned to any person.
The no-match letter and the notice of suspect documents operate as indicia of constructive knowledge
and can expose the employer to liability. Receipt of either of these letters requires an employer to follow
safe harbor procedures in order not to have constructive knowledge that an employee is an illegal alien.
While an employer may be tempted to terminate the employment of an employee based upon receipt of
either letter, this action could be discriminatory and could result in lawsuits filed by the terminated
employee or by the Equal Employment Opportunity Commission ("EEOC"), or both. An employer has no
obligation to follow up on a no-match letter or notice of suspect documents if the employee is no longer
working for the employer.
New Legislation Protecting an Employer from Constructive Knowledge of Immigration Violation
through the Use of Safe Harbor Procedures
How does an employer protect itself in the event it receives a no-match letter or a notice of suspect
documents? To date, an employer still can be held liable if it has received such a letter due to its
constructive knowledge that the documentation being presented is false. To alleviate this situation, the
DHS issued a new regulation in August 2007 to soften this finding of constructive knowledge. The new
regulation set forth safe harbor procedures for employers who receive such a letter, and DHS prepared
an insert to these letters to guide employers on their related affirmative obligations:
1. Within 30 days after receipt of a letter, the employer must check its records to ensure that the
mismatch was not the result of an employer error.
2. If this does not resolve the problem, the employer must request the employee to confirm the
accuracy of the information the employee provided to the employer.
3.
The employer should ask the employee to resolve the issue with the SSA within 90 days.
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4. If these steps lead to resolution of the problem, the employer should contact the SSA pursuant to the
instructions in the no-match letter to correct the error by using the SSN Verification Service, and
should retain a record of the time and date of verification. The SSN Verification Service can be
contacted at
5. If none of the above resolves the matter within 90 days after receipt of the no-match letter, the
employer should complete a new Form I-9 within three days without relying on any documentation that
relies upon the questionable social security number. The new document also must include a photo.
These steps also should also be applied in the event of an ICE/DHS-generated notice of suspect
documents, with the employee consulting with the DHS or SSA as applicable.
In 2007, the American Federation of Labor and Congress of Industrial Unions and others filed suit seeking
to prevent the implementation of these new regulations on the ground that they exceed the DHS's
authority. On October 10, 2007, the United States District Court for the Northern District of California
issued a preliminary injunction enjoining DHS and SSA from implementing the safe harbor procedures
contained in the regulation. The DHS has responded that it has modified the new regulation, which
modification may appear shortly in the Federal Register.
In the meantime, if an employer does not terminate an employee when it knows the employee is not work
authorized, ICE can impose a fine of up to $11,000 per worker and a jail sentence of up to 6 months. In
the first three quarters of 2007, ICE obtained criminal fines, restitutions, and civil judgments in excess of
$30 million. In criminal cases, ICE pursues charges of harboring illegal aliens, money laundering, and
knowingly hiring illegal aliens. Harboring illegal aliens is a felony with a potential 10-year prison sentence.
At this point in time, the best protection for employers is: (1) to require complete Form I-9s, (2) to use EVerify; and, (3) in the event of a no-match letter or notice of suspect documents, to follow the safe harbor
procedures outlined above.
© 2008, Ward and Smith, P.A.
Ward and Smith, P.A. provides a multi-specialty approach to the representation of technology companies and their officers,
directors, employees, and investors. For further information, please contact Jennifer Parser at 919-865-8370 or at
jgp@wardandsmith.com. Jennifer Parser practices in the Labor and Employment Section and Immigration Practice Group of
Hilldrup Moving & Storage Petitions the NC Utilities
Commission for Fuel Surcharge on Hourly Moves
Hilldrup Moving & Storage filed Docket T-825, Sub 343, with the NC Utilities Commission on June 10, 2008.
Hilldrup has petitioned the Commission to allow movers to charge the fuel surcharge on hourly moves.
In the petition, Hilldrup cited the significant increase in fuel prices over the past year and that fuel will continue
to rise in the foreseeable future. They noted that the fuel surcharge has been proven to be an effective method
of acknowledging actual fuel costs on weight/distance moves. The fuel surcharge revenue assessed and collected
would be passed on or otherwise credited to the purchaser of the fuel (as it is now on weight/distance moves).
Fuel surcharge would only be assess once per shipment regardless of the number of vehicles used. Finally,
Hilldrup has requested that the fuel surcharge on hourly moves be a maximum of 35 (the maximum number of
miles that could be traveled) times the approved weight/distance per move.
Whenever the Commission acts upon this request, by either a ruling or a request of comments, you will be
notified by both the Commission and the NC Movers Association.
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AMSA’s National Safety Conference Comes to Tempe, AZ,
October 26-28
The conference will be held at Tempe Mission Palms Hotel and Conference Center, a 15 minute-drive from Phoenix
Sky Harbor International Airport. For more information about the facility, visit www.missionpalms.com. The day
and a half conference, priced at $275, will feature the latest in safety and operational issues, a forum for networking
and best practices. Tabletop exhibits will feature vendors whose products and services and help your company save
money, increase efficiencies, and improve profits. Watch for the program agenda early this summer on
www.promover.org. For the mailing list to receive information about the conference, contact Sarawait Singh at
ssingh@moving.org. For sponsorship and exhibit information, contact Norma Gyovai at ngyovai@moving.org
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MIKE HENNING’S
“ALL IN THE F AMILY ” C OLUMN
The First Step & The Last S tep Fire Dril l
Succession planning is a method of forecasting future events and predetermining their outcome to the closest possible scenario. It is truly a vital step in the process of preparing next generation family members to
inherit opportunity, responsibility, values and wealth. Thus, succession planning must involve close advisors, key personnel in the family’s business and family members. Succession planning is truly an unquestionable process that takes time due to the nature of the predictable outcomes that result. Examples include change of business leadership, coordinated communication, and the passing of wealth, control and
family leadership. These outcomes are enough to challenge the very best people we have in our society,
let alone those who chose to do very little planning and just hope it all works out.
Succession Fire Drill
Near the end of an engagement with a business owning family, I will have a meeting with the family
members, advisors and outside board members. I announce to them at the beginning of the meeting that
this is their Succession Fire Drill. The scene and situation they will address is the pre-mature death of Dad
and/or Mom. I then ask Dad and Mom to join me on the sidelines to see what transpires often led by the
board, trustees and successor trustees. Everyone takes notes.
Fire Drill Questions
•
Where are the wills, trusts and other important documents located? Are they up-to-date?
•
Where are the keys and passwords needed for access to these documents?
•
What funeral arrangements have been prearranged?
•
Are important documents being safeguarded by others? Who are they?
•
Who will be acting successor for the company if not already named?
•
Who will notify customers and suppliers?
•
What immediate sources of cash are available?
•
Did Dad and Mom pen a statement regarding guiding principles for running the business?
•
How will transition of ownership of the company take place?
•
Do we have a leadership succession plan to follow? Will we follow it?
• Under what terms should we position the company for sale?
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Page 19
•
How will Dad and/or Mom’s death impact banking relationships, and what can we do about it?
•
What will the impact of Dad’s death be upon suppliers? Direction?
•
Who should be asked to help with the future direction of the company?
•
What 10 key factors need to be monitored on a daily basis?
•
Did Dad and Mom leave us with a final statement anticipating questions and giving general advice?
•
Are the heirs prepared to inherit and manage the wealth so it becomes a blessing and not a burden?
• Are relationships among all family members, including in-laws, healthy enough to minimize emotional
turmoil upon execution of documents?
• Are key family members prepared to identify and contact three people whose business and financial
judgments are completely trusted?
By having the family, board members and advisors come together and deal with these questions, as well
as others appropriate to the situation, we have a foolproof way of discovering voids, flaws and areas needing updating in the succession plan. The “fire drill” helps to reinforce everyone’s knowledge of his/her responsibilities, and determines how well the plan will or would have been implemented and executed in the
event of a pre-mature death of Dad and Mom.
It is not uncommon to go through the drill several times before everyone has it right. However, by
then all will have gained the confidence that the succession plan will actually work because they have seen
it in action.
The Succession Fire Drill is an insightful tool and a tremendous process to give family members
and others involved the gift of “peace.” We recommend the “drill” to all clients, particularly to those prospective clients who believe they do not need to do such extensive planning or share their plans with family.
This article appeared in Mike Henning’s Family Firm Advisor newsletter, for more information about receiving one free copy of our
newsletter, visit us at our web site: www.mikehenning.com, e-mail: hfbc@mikehenning.com. or call -- 217-342-3728. Mike
Henning is a nationally and internationally respected consultant and speaker on family business issues.
Henning Family Business Center · 1006 N. Pembroke Ct., Effingham, IL 62401 · 217-342-3728
hfbc@mikehenning.comwwww.mikehenning.com
NC Movers Association
Upcoming Industry
Events
North Carolina Movers Association, Inc.
P O Box 61210
Raleigh, NC 27661-1210
July 17
Phone: 800-325-2114
Fax: 800-325-2114
Phone: 919-5540-8920
E-mail: ncmovers@aol.com
July 19
Tariff Training Seminar
Charlotte, NC
Board of Directors
Renaissance Hotel
Asheville, NC
August 13
Tariff Training Seminar
Raleigh, NC
September 8-11
AMSA Board and Committee Meetings
Arlington, VA
September 13
Board of Directors
New Bern, NC
September 18
Tariff Training Seminar
Asheville, NC
October 23
Clarion Hotel
We’re on the web!
www.ncmovers.org
Board of Directors
Greensboro, NC
October 23-26
54th Annual Convention & Trade Show
Clarion Hotel
Greensboro, NC