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INS New York District Office Enforcement Information

For important information on reporting suspected illegal aliens, please see How Do I Report Suspected Illegal Aliens or Suspected Illegal Immigration Activity?

The following additional information is provided to facilitate the reporting of suspected illegal activity.

The INS New York District is able to investigate certain allegations concerning criminal provisions of U.S. Immigration laws. We especially welcome information concerning the counterfeiting of immigration documents and other identity documents, the smuggling of people into the United States and organized immigration fraud schemes.

Also note that we are unable to resolve personal disputes with a person you suspect to be an illegal alien. For such matters, we suggest you contact the appropriate organization such as the police, a consumer protection agency or court.

We prefer to receive all communications in writing as these are generally more complete than phoned-in messages. If you write, please include your name, address and a daytime telephone number so that we can contact you if necessary. Written communication does not have to be in English, as we can translate letters from most languages.

Please address correspondence to:

U.S. Immigration
INV Correspondence
26 Federal Plaza, Rm 10-116
New York, NY 10278

OTHER HELPFUL ADDRESSES ETC:

OSHA

Long Island Area Office
1400 Old Country Road
Suite 208
Westbury, New York 11590
(516) 334-3344
(516) 334-3326 FAX

 
COMMERCE: The term "commerce" means trade, traffic, commerce, or transportation within the jurisdiction of the United States.

(A) between a place in s State and any place outside of such State, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). 49 USC 5101 et seq.

GOVERNMENT NOT ENGAGED IN COMMERCE:
(1) The Government service or activity benefits the community as a whole and is available to the public at little or no direct expense. (2) The service or activity is undertaken for the purpose of public service rather than for pecuniary gain; (3) Government is the principal provider of activity; and (4) Government is particular suited to provide the service or perform the activity; (5) The activity is supported through general tax revenues.

GOVERNMENT IS ENGAGED IN COMMERCE:
(1) When it engages in activities contrary to the aforementioned circumstances. (2) When the government "offers" material into commerce.

CONTRACTORS:

Any person who, under contract with any department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government, transports, or causes to be transported or shipped, a hazardous material or manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a package or container which is represented, marked, certified, or sold by such person as qualified for use in transportation of hazardous materials shall be subject to and comply with all provisions of the Federal Hazardous Material Transportation Law, or the regulations issued thereunder.

HAZMAT EMPLOYER:

A person who uses one or more of its employees in connection with; transporting hazardous materials in commerce; causing hazardous materials to be transported or shipped in commerce; or representing, marking, certifying, selling, offering, manufacturing, reconditioning, testing, repairing, or modifying containers, drums, or packaging as qualified in the transportation of hazardous materials. This term includes an owner-operator of a motor vehicle which transports hazardous materials in commerce. This term includes any department, agency, or instrumentality of the United States, a State, a political subdivision of a State, or an Indian tribe engaged in the first sentence of this definition.

HAZMAT EMPLOYEE:

A person who is employed by a hazmat employer and who in the course of employment directly affects hazardous materials transportation safety. This term includes an owner-operator of a motor vehicle which transports a hazardous materials in commerce. This term includes an individual, including a self-employed individual, employed by a hazmat employer who, in the course of employment: (1) Loads, unloads, or handles hazardous materials; (2) Manufactures, tests, reconditions, or repairs, modifies, marks, or otherwise represents containers, drums, or packages as qualified for use in the transportation of hazardous materials; (3) Prepares hazardous materials for transportation; (4) Is responsible for safety of transporting hazardous materials; or (5) Operates a vehicle used to transport hazardous materials.


Incident Reporting
The intentional release of hazardous materials for shipment requires a detailed incident report to be submitted to the USDOT.
More serious incidents may require immediate notice to the National Response Center at (800) 424-8802.


GENERAL DOT HAZARDOUS MATERIALS REGULATORY REQUIREMENTS

"No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with subpart G of Part 107 of this chapter, if applicable, and the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized..."(49 CFR 171.2(a))

Underlined in the preceding extract from the Hazardous Materials Regulations are three important terms; "person", "offeror", and "commerce" (See Appendix A Definitions). The word shipper is frequently used by industry in place of the word "offeror". For the purpose of this booklet only, the term shipper and "offeror" are used interchangeably. These three words are important in that they define when you are subject to the jurisdiction of the Department of Transportation. Additionally, you may be subject to the requirements of other Federal and/or State Laws.

FEDERAL GOVERNMENT AND GOVERNMENT CONTRACTORS

Most Federal Agencies including the Department of Defense are considered "offerors" when they ship hazardous materials by commercial carriers. In those rare instances where governmental agencies transport hazardous materials in commerce on government vehicles/aircraft, the agency is also considered a carrier. Contractors were made fully subject to all the requirements of the Federal hazardous materials transportation law.

The Uniformed Services of the United States generally are not subject to the commerce clause of the Constitution. Therefore, military shipments, transported on military vehicles or aircraft are not subject to Federal jurisdiction. However, many states require military movements by highway to conform to 49 CFR or compatible state regulations. DOD and Service Regulations also require compliance with 49 CFR Parts 100-180. When in peacetime, the military services procure commercial transportation, (offering into commerce), the military is engaged in commerce and required to comply with 49 CFR

HM REGISTRATION

"Persons" who offer for transportation, or transport in foreign, interstate or intrastate commerce: (a) any highway route controlled quantity of a material; (b) more than 25 kg (55 lbs.) of a Division , ; (c) more than 1 L per package of a material extremely poisonous by inhalation; (d) a hazardous material in a bulk packaging . for liquids or gases,; or (e) a shipment in other than bulk packaging of more than one class of hazardous material for which the transport vehicle requires placarding loaded at one location. The following are excepted from the registration requirement:

(1) An agency of the Federal Government

(2) A State Agency

(3) An agency or political subdivision of a State

(4) An employee of (1)-(3)

(5) A hazmat employee (including an owner operator of a motor vehicle leased to a registered motor carrier for 30 days or more.)

(6) A person domiciled outside the United States who offers HM solely from outside the United States. (See 49 CFR 107.606(a)(6) for exceptions and reciprocity)

Registration is required annually and includes a fee. For additional information on the registration requirement,
you may call (202) 366-4109 or (617) 494-2545.


The Modal Agencies have established their own programs to prioritize their inspection activities of transporters of hazardous materials. Research and Special Program Administration, in addition to the Modal Agencies have selection criteria for shippers; "offerors", that are similar i.e. (1) Investigation of known shipper violations discovered during carrier audits, (2) Non-frivolous written complaints alleging violations of the Federal Hazardous Materials Regulations, (3) NRC and DOT 5800.1, spill and hazmat incident reports, (4) Referrals from other governmental agencies and special investigations targeting high risk hazardous materials such as explosives and certain radioactive materials. In almost all instances these shipper inspections are unannounced.

In the event that inspection of your hazardous materials operations disclose violations of the hazardous materials regulations,
you may be subject to civil and/or criminal penalties.

PENALTIES PER VIOLATION

CIVIL MINIMUM $250.00
MAXIMUM $27,500.00

CRIMINAL* INDIVIDUAL $250,000.00
CORPORATION $500,000.00 *************************************************

* (Levels of fine from 18 U.S.C. and includes provision for imprisonment for not more than 5 years.)
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Although the Federal Government is exempt from the penalty provisions, (See definition of "person" on page 26 of this H.O.) employees of the federal government are not exempt under the HMTA.

HAZARDOUS MATERIALS SHIPPER RESPONSIBILITIES

DETERMINE WHETHER A MATERIAL MEETS THE DEFINITION OF A "HAZARDOUS MATERIAL"

PROPER SHIPPING NAME

CLASS/DIVISION

IDENTIFICATION NUMBER

HAZARD WARNING LABEL

PACKAGING

MARKING

EMPLOYEE TRAINING ********************************************
SHIPPING PAPERS *********************************************

EMERGENCY RESPONSE INFORMATION

24 HOUR EMERGENCY RESPONSE TELEPHONE NUMBER

CERTIFICATION *********************************************************

COMPATIBILITY

BLOCKING AND BRACING

PLACARDING

Department at (800) 424-8802. Incidents involving etiologic agents may be made to the CDC at (800) 232-0124. For content of report and additional information, please see §171.15.

A written report shall be submitted on DOT Form F 5800.1 for all incidents involving the transportation of hazardous materials unless excepted. Detailed reporting requirements are contained in §171.16.


THIS DOES NOT INCLUDE FURTHER MEASURES THAT THE EPA MAY HOLD IN VIOLATION...

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The EPA works with other federal agencies as well as state, local and tribal authorities to investigate, apprehend and punish violators of environmental regulations. The Agency also receives a great deal of assistance from citizens who report suspected violations. Common violations for which the Agency seeks punitive actions include the illegal dumping of toxic substances, the improper import or labeling of pesticides and other chemicals, the failure to comply with industrial emissions limitations and the improper transport and treatment of waste. The punishment for violations can vary from reprimands to prison sentences. In all cases, the main objective of apprehending and punishing violators is to carry out the Agency's goal of protecting human health and the environment.

It is illegal, unless you are trained, to pack, ship or otherwise transport hazardous materials. Please see me if you have questions about sending chemicals via air, ship or ground. This includes the return of unopened packages to the original sender.

please be aware that it is illegal to ship, package hazardous materials to be shipped, transport or complete a manifests without the proper training.

RECENT CASES

http://www.epa.gov/aljhomep/orders.htm

CONTACTS
Office Phone
Commander (718) 354-3779
Deputy Commander (718) 354-3780
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AND
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DOD

The Inspector General is the Honorable Joseph E. Schmitz

The military Inspector General in America has traditionally served as "an extension of the eyes, ears, and conscience of the Commander." Pursuant to the Inspector General Act of 1978, as amended, "the Inspector General of the Department of Defense shall . . . be the principal adviser to the Secretary of Defense for matters relating to the prevention of fraud, waste, and abuse in the programs and operations of the Department." The law also requires the Inspector General "to keep the [Secretary of Defense] and the Congress fully and currently informed . . . concerning fraud and other serious problems, abuses, and deficiencies . . . ." In carrying out all of the other statutory duties, the Inspector General of the Department of Defense is obligated by law to "give particular regard to the activities of the internal audit, inspection, and investigative units of the military departments with a view towards avoiding duplication and insuring effective coordination and cooperation".

Anyone, whether uniformed or civilian, who witnesses what he or she believes to be a violation of ethical standards and/or the law, including but not limited to fraud, waste, or abuse of authority, potential leaks of classified information, or potential acts of terrorism, should report such conduct through the chain of command or either directly to his or her respective service Inspector General or directly to the Inspector General of the Department of Defense Hotline at 800-424-9098 (e-mail hotline@dodig.osd.mil).
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REGARDING CERTAIN ASPECTS OF DAILY OPERATIONS, INCLUDING MIL-STD-130 MARKING, TEST, QUALITY CONTROL PRCEDURES FOR
ELECTRONICS, AND PROPER PRESERVATION AND PACKAGING DAILY TEST REQUIREMENTS,
A COPY WILL MOST LIKELY BE FORWARDED TO GARDEN CITY OFFICES.........

Garden City
Suite 101
400 Oak Street
Garden City, NY 11530-6551 Tel. (516) 794-8195
Fax (516) 794-1046 Nassau, Suffolk


Q: Must an employer pay employees for holidays, sick time and/or vacations?


A: Under the New York State Labor Law, payment for holidays, sick time or vacation -- i.e. payment for time not actually worked - is not required unless the employer has established a policy to grant such pay. When an employer does decide to create a benefit policy, that employer is free to impose any conditions they choose.

Fringe benefits may include reimbursement of expenses or tuition, health coverage, and payment for sick time, vacation, personal leave, and holidays.

Q: What is the status of an employer's oral agreement to provide a particular fringe benefit?

A: Section 195.5 of the Labor Law states:

Every employer shall notify his employees in writing or by publicly posting the employer's policy on sick leave, vacation, personal leave, holidays and hours.

If an employer does not have a written policy, the oral policy (or past practice) may be enforced -- if the terms of the policy can be confirmed through an investigation. Moreover, violators of § 195.5 are subject to civil penalty.

Q: When an employee resigns -- or is discharged -- from a job, is the employer required to pay the employee for any accrued, unused vacation time?

A: Whether an employer is obligated to pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held [in Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980)] that an agreement to furnish benefits or wage supplements, such as vacation, can specify that employees forfeit accrued benefits under certain conditions. To be valid, the employer must have notified employees, in writing, of the conditions that nullify the benefit.

If an employee has earned vacation time -- and there is no written forfeit policy, the employer must pay the employee for the accrued vacation.

Q: How can employees obtain assistance in collecting Wage Supplements (fringe benefits) owed to them by their employer?

A: Employees can collect pay due to them by contacting their nearest Labor Standards Office and filing a "Claim for Unpaid Wage Supplements."

To locate the most convenient Labor Standards District Office, go to:

http://www.labor.state.ny.us/business_ny/employer_responsibilities/workprot/lsdists.htm

Q: Is either the employer or the employee required to "give notice" of termination?

A: Under the provisions of the Worker Adjustment and Retraining Notification Act (WARN), a bill enacted by Congress in 1988, employers with 100 or more workers must provide at least 60 days notice if a plant closing will affect 50 or more of those employees. Moreover, where a mass layoff occurs that does not result from a plant closing, notice is also required for any furlough of 50 or more workers if they make up one-third of the workforce, or if a total of 500 or more workers are laid off. For more information from the U.S. Department of Labor, go to:

Q: What agency handles issues related to pensions and retirement funds, 401Ks, health & welfare plans, continuation of health care coverage and severance?


A: The Pension and Welfare Benefits Administration of the U. S. Department of Labor enforces the Employee Retirement Income Security Act (ERISA) and the Consolidated Omnibus Budget Reconciliation Act (COBRA) which cover matters involving pensions and retirement funds, 401Ks, health & welfare plans, continuation of health care coverage and severance.
For more information, go to:

www.nysdhr.com

Q: Can an employee be fired without due cause?


A: Yes. New York State is an "employment-at-will," state. Without a contract restricting termination (such as a collective bargaining agreement) an employer has the right to discharge an employee at any time for any reason. This also protects the employee's right to resign. An employer may fire an employee for "no reason" - or even for a reason that might seem arbitrary and unfair -- and the employee is equally free to quit at any time without being required to explain or defend that decision.


There are a few exceptions to "employment-at-will." The most significant of these are laws, enforced by the New York State Division of Human Rights, which prohibit discrimination based upon race, creed, national origin, age, handicap, gender or marital status. For additional information about how the New York State Division of Human Rights proceeds against unlawful forms of discrimination, go to:

www.nysdhr.com.

Other exceptions to the doctrine of "employment-at-will" exist under § 201-d and § 215 of the New York State Labor Law. Section 201-d prohibits an employer from firing an employee for political or recreational activities outside of work, for legal use of consumable products outside of work, or for membership in a union. Section 215 prescribes that no employer shall penalize any employee for making a complaint to the employer, to the Commissioner of Labor, or to the Commissioner's representative, about any provision of the Labor Law. Violation of § 215, can bring a civil fine and separate civil action by the employee. To obtain the text of these statutes, go to:

http://assembly.state.ny.us/leg/?cl=54&a=9

Q: When is the last check due to a terminated employee?

A: When employment has been terminated, the employer must pay the wages by the regular payday for the pay period worked. If requested, the employer must mail the final wages to the employee.

Q: How can employees obtain assistance in collecting wages owed to them by their employer?

A: Employers are required to pay their employees for all time actually worked. Employees who are owed wages may obtain assistance in collecting the monies due to them by contacting their nearest Labor Standards Office and filing a "Claim for Unpaid Wages."

To locate your nearest Labor Standards District Office go to:

http://www.labor.state.ny.us/business_ny/employer_responsibilities/workprot/lsdists.htm

Q: What deductions can be made from an employee's wages?


A: Section 193 of the Labor Law states:


1. No employer shall make any deduction from the wages of an employee, except deductions which:

a. are made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency; or
b. are expressly authorized in writing by the employee and are for the benefit of the employee (such as payments for insurance premiums, pension or health and welfare benefits, contributions to charitable organizations, payments for United States bonds, payments for dues or assessments to a labor organization).

Employers may not deduct from wages the cost of breakage or spoilage of materials; nor may employers make wage deductions in any indirect manner, such as requiring a worker to pay for shortages by means of a separate transaction.



Q: How can employees obtain assistance in collecting monies unlawfully deducted from their wages?

A: Employees who have had monies unlawfully withheld from their wages, or who have been forced to reimburse their employer for cash shortages, breakage, spoilage, may obtain assistance in collecting these sums by contacting their nearest Labor Standards Office.

To locate the most convenient Labor Standards District Office go to:

http://www.labor.state.ny.us/business_ny/employer_responsibilities/workprot/lsdists.htm

Q: What information must be maintained in an employer's payroll records?

A: Employers' payroll records must contain the following information regarding their employees:

Name, address and social security number

Wage rate

The number of hours worked daily and weekly

The amount of gross wages, deductions from gross wages and net wages paid

Allowances claimed, if any, as part of the minimum wage

The time of arrival and departure of each employee working a split shift or spread of more than ten hours

The number of units produced daily and weekly by piece-rate workers


Employers in "General Industry" are required to maintain these records for at least six years, while agricultural employers must maintain them for no less than three years.