Montserrat is a partner and co-chair of the firm’s Privacy and Consumer Regulatory practice as well as a member of the Immigration and Government Affairs practice groups. She is also the co-chair of the firm’s Background Screening industry team.
Montserrat advises organizations on employee onboarding issues such as employment background screening and compliance with immigration law requirements when hiring employees. Her practice revolves around ensuring organizations compliance with legal requirements related to the collection, use and disclosure of personal data of employees, consumers, customers or students. Montserrat regularly speaks at national and regional conferences as well as webinars. She is the author of the Workforce Compliance Insights blog and the Compliance News Flash.
Data Privacy and Security
Montserrat has developed a national practice advising both consumer reporting agencies (aka background screening companies) and employers regarding their compliance with the Fair Credit Reporting Act (FCRA) and state consumer reporting laws. This includes the use of criminal and credit history information, motor vehicle records, as well as Fair Chance Hiring laws (aka Ban the Box ordinances), all tied to employment and tenancy background checks.
Montserrat also represents organizations on their obligations and compliance with the California Consumer Privacy Act as well as the EU’s General Data Protection Regulation (GDPR). The latter related to the processing of consumer personal data, including mechanisms for the lawful transfer of personal data from the European Union to the United States, such as standard contractual clauses.
Finally, Montserrat advises organizations on their obligations under state breach notification laws and represents companies before the Federal Trade Commission.
Immigration and Government Investigations
Montserrat provides strategic counseling to corporate clients and foreign nationals with regard to employment-based U.S. immigration law, including advice related to H-1B, L-1, TN and O visas as well as labor certification applications under the PERM regulations.
Montserrat counsels and defends companies regarding their hiring practices and compliance with the government’s Form I-9 and E-Verify employment eligibility verification requirements. Her practice includes advising clients on Form I-9 hiring practices and the E-Verify process, defending employers in civil and criminal government investigations, and conducting immigration-related internal investigations and Form I-9 audits. She serves as a member of the American Immigration Lawyers Association’s (AILA) Verification and Documentation Liaison Committee, this committee addresses worksite enforcement, Form I-9 and E-Verify matters.
Montserrat represents clients before the U.S. Congress on matters related to her practice – immigration, pre-employment background screening, and consumer/credit reporting. She also advocates on behalf of clients before the Equal Employment Opportunity Commission, Department of Homeland Security and the Federal Trade Commission. Montserrat served as Washington Counsel to the National Association of Professional Background Screeners (NAPBS), an association of employment and tenant background screening companies.
Montserrat is a frequent speaker and author of a blog and the Compliance News Flash covering employment background screening and immigration issues – www.workforcecomplianceinsights.com
Prior to joining AGG, Montserrat was in private practice with Greenberg Traurig LLP. She has worked in the U.S. Senate as Judiciary Committee Counsel to Senator Dianne Feinstein. Before working on Capitol Hill, Montserrat was at a boutique immigration law firm and began her legal career as a trial attorney for the U.S. Department of Justice, Immigration and Naturalization Service, entering service through the Immigration Attorney General’s Honors Program.