Happy New Year!

Here are two editions of the AGG Compliance News Flash covering the following topics:

  • E-Verify;
  • California’s Consumer Privacy Act;
  • Ban the box and salary history restrictions in the hiring process;
  • Investigation by the Department of Justice into hiring practices;
  • The Fair Credit Reporting Act and who qualifies as an “employee”; and
  • News about the Consumer Financial Protection Bureau.

Click here for the 12/21 edition of the Compliance News Flash.

Click here for the 1/4 edition of the Compliance News Flash.

It took a few days, but the E-Verify system is down due to the partial government shutdown which started at 12:01 am Saturday the 22nd of December.  One of the agencies affected by the partial government shutdown is the Department of Homeland Security (DHS), which is the agency that runs the E-Verify program.  E-Verify and E-Verify services are offline and will remain so until the government is again funded.  This partial shutdown may continue into the new year so employers should prepare themselves by keeping track off all new hires during the shutdown so that cases can be created once the system is back online.

What does it mean that E-Verify is offline?  Employers and E-Verify Employer Agents will not be able to create cases in E-Verify. VERY IMPORTANT! Just because E-Verify is offline, it does not mean that employers do not need to complete the employment eligibility verification form (the “Form I-9”).  The requirement to complete and maintain the Form I-9 for all new hires within three business days of hire is a separate requirement and employers must continue to complete the Form I-9 for all new hires as well as re-verify the work authorization of employees whose authorization is expiring.  The lapse in government funding does not affect the Form I-9 requirement.

Back to E-Verify.  DHS issued this statement about the “three-day rule” and pending Tentative Non-Confirmations (TNCs) and how to handle such during the partial government shutdown.

From DHS: “We understand that E-Verify’s unavailability may have a significant impact on employer operations. To minimize the burden on both employers and employees, the following policies have been implemented:

  • The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
  • The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving their TNCs….”

Please join Arnall Golden Gregory (AGG) for our annual Employment Law Seminar on Tuesday, October 30, 2018 at the Cobb Energy Performing Arts Centre in Atlanta, GA. Our attorneys—who have been recognized by Chambers USA: America’s Leading Lawyers for Business and Super Lawyers—will address what you need to know regarding employer rights and obligations in 2019.  AGG attorneys speaking include Montserrat Miller, Megan Mitchell, Henry Perlowski, Brad Kelley and Ed Cadagin, to name a few.

Click here to register. Complimentary breakfast and lunch will be provided. State Bar of Georgia CLE credit, Society for Human Resource Management HRCI recertification credit and CPE credit hours have been applied for.

Topics Include:

  • Skeletons in the Closet: Another Year of #MeToo
  • Trick or Treat, Part I: What Federal Regulatory Changes Are In Store
  • Trick or Treat, Part II: A Spate of New State Employment Laws
  • Supreme Court Spell Book: The Expanding Availability of Arbitration for Employment Disputes
  • Stirring the Cauldron: Hot Topics Brewing in Benefits Law
  • R.I.P. Employment Relationship: Minimizing the Risks Associated With Employee Terminations
  • Double, Double, Toil and Trouble: The Increasing Level of Worksite Enforcement by Homeland Security
  • Privacy Pumpkin Patch: Background Screening, Social Media, the GDPR, Email, and Other Privacy Concerns
  • The Wage and Hour Spider’s Web: Navigating Some of the Lesser Known Parts of the FLSA

Apologies, I’m a little behind the curve on this so you will see two Compliance News Flashes this week.

This particular Compliance News Flash we drafted covers the following topics:

  • Employers getting into hot water over the types of documents they request from employees when completing the Form I-9, leading to claims of discrimination.
  • The Bureau of Consumer Financial Protection is on track to have the least (that’s right, least) amount of enforcement actions on record.
  • An enforcement action by the Equal Employment Opportunity Commission (EEOC) related to race discrimination and the use of criminal history information for employment screening practices.

This week’s edition of the Compliance News Flash by Arnall Golden Gregory includes blurbs about the:

  • National Association of Professional Background Screeners (NAPBS) conference in Baltimore;
  • Temporary Protected Status program and an injunction against the government;
  • EU-U.S. Privacy Shield program and enforcement actions against organizations related to their certification;
  • Updated “A Summary of Your Rights under the Fair Credit Reporting Act” model form; and
  • Italy and the General Data Protection Regulation (GDPR).

Click here to read.

Enjoy and have a great weekend!

The Bureau of Consumer Financial Protection (the “Bureau”) has issued an interim final rule tied to passage of S. 2155.  While the new law amends the Fair Credit Reporting Act (FCRA) to include new requirements on credit bureaus tied to security freezes and fraud alerts, relevant to background screeners and employers using a background screening company for pre-employment background checks is the fact that the interim final rule includes an updated version of the model FCRA summary of rights document.

Effective September 21, 2018, new section 605A(i) of the Fair Credit Reporting Act (FCRA), added by the Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155 or the “Act”), requires that a new notice of rights be included whenever a consumer is required to receive a summary of rights required by FCRA section 609.

Some of you have already begun your efforts to come into compliance with the notice requirement under the Act since the effective date is next week.  According to the Bureau, “to mitigate the impact of these changes on users of the existing model forms, the interim final rule also provides that the Bureau will regard the use of the model forms published in Appendices I and K on November 14, 2012, to constitute compliance with the FCRA provisions requiring such forms, so long as a separate page that contains the additional required information is provided in the same transmittal.”

In addition to adding the new required notice under the Act, the revised model FCRA summary of rights document also includes revised language related to the duration period of fraud alerts as well as updated contact information for the listed enforcement agencies.

The updated model form, A Summary of Your Rights under the Fair Credit Reporting Act, is found on pages 28-31 of the interim final rule.

If you have any questions please do not hesitate to contact me at montserrat.miller@agg.com.

Here’s a sneak peek at this week’s Compliance News Flash from AGG:

  • The California Supreme Court ruled on the constitutionality of the Investigative Consumer Reporting Agencies Act, which is relevant to California employers and their background screening process.
  • Still in California, a new law on its way to the Governor for signature will require software updates for certain consumer reporting agencies.
  • Employers note for purposes of the Form I-9 that the federal government has again auto-extended the work authorization period for Salvadorans and Haitians under the Temporary Protected Status program.
  • Another write-up about the new notice requirement under the Fair Credit Reporting Act related to security freezes.

Click here to read it.

Check out the latest Compliance News Flash with blurbs about:

  • The Justice Department’s recent settlement with the country’s largest egg producer related to violations of the anti-discrimination laws during the employment eligibility verification process.
  • A new requirement on consumer reporting agencies to provide specific language to a consumer requesting a file disclosure under the Fair Credit Reporting Act.
  • California legal protections for employees who seek to change their name and/or social security number after they legalize their immigration status.
  • Processors and Privacy Shield.
  • Brazil’s new data protection law.

Click here to read the Compliance News Flash.

Check out this week’s edition of the Compliance News Flash which includes blurbs about:

  • The increase in ICE workplace investigations, including around the Form I-9 and issuance of Notices of Inspection.
  • California’s Consumer Privacy Act and application to your company.
  • The future of the EU-U.S. Privacy Shield pact for cross-border transfers of personal data.
  • NAPBS annual survey on employment background checks.

Click here to read the News Flash.