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.

Read the latest Compliance News Flash by clicking here.  Topics covered in the News Flash include:

  • Ongoing workplace investigations by Homeland Security regarding employers’ workforce;
  • The U.S. Supreme Court;
  • Tips for pre-employment screening of new hires and employees; and
  • Discrimination settlements related to the employment eligibility verification form (aka the Form I-9).

Any compliance related questions?  Please contact me at montserrat.miller@agg.com.

Have a safe and happy 4th of July!

The Department of Justice (DOJ) settled an immigration-related discrimination claim against the University of California, San Diego related to the unlawful re-verification of work authorized individuals. According to the press release, DOJ’s “…investigation concluded that the [University’s Resource Management and Plan Vice Chancellor Area] unnecessarily required certain work-authorized immigrants to re-establish their work authorization when their documents expired, based on the citizenship status of those individuals when they were hired.  The antidiscrimination provision of the INA prohibits such requests for documents when based on an employee’s citizenship status or national origin.”

Takeaway from this case — employees who present an unexpired permanent resident card when they originally complete the employment eligibility verification form (the “Form I-9”) do not need to present follow up documentation when their card expires.  If an employee is a lawful permanent resident, as a general rule they are permanently work authorized and employers do not need to complete section 3 of the Form I-9 to re-verify their expiring permanent resident card.  In a similar situation, employers should not update or re-verify expiring driver’s licenses for Form I-9 purposes.

Due to the federal government shutdown E-Verify — the electronic employment eligibility verification program that compliments the Form I-9 — is unavailable.  This means, among other things, that employers cannot access their E-Verify account during this time and until the federal government reopens. This will affect employers ability to enroll in E-Verify, create cases and address Tentative Non-Confirmations (TNCs).  The shutdown could end as early as today if Congress passes another stop-gap funding measure funding the government through February 8, 2018.

In the meantime, employers must still complete the Form I-9 for all new hires.  However, if you participate in E-Verify you will not be able to create a case and must do so when E-Verify is again available.  Read more about how to address the three business day window (which employers will not meet) for creating cases in E-Verify as a result of the federal government shutdown by clicking here.

California is on a roll with new employment-related laws effective January 1, 2018. The latest relates to salary history disclosures by job applicants. There is essentially a complete prohibition on an employer, either orally or in writing, personally or through an agent, seeking salary history information, including compensation and benefits, about an applicant for employment.  This applies to all employers (private/public) and the only exception is publically available salary history information. Background screeners and employers take note and check out section 432.3 of California’s Labor Code.

Another new law effective at the start of the year relates to immigration worksite enforcement and what employers cannot do and must do if they are the subject of a visit by immigration agents such as Immigration and Customs Enforcement (ICE) or the subject of an ICE investigation into their employment eligibility verification practices related to their Forms I-9.  Read more in this blog posting of mine.

On January 10 Department of Homeland Security agents raided 100 7-Eleven stores nationwide as part of an effort to ensure employees’ legal work authorization in the United States. This week’s raids stemmed from a 2013 investigation against multiple 7-Eleven franchisees and managers who allegedly employed undocumented workers in New York and Virginia.

Click here to read the Alert I wrote and what to expect if your company is the subject of a Department of Homeland Security worksite enforcement investigation and how to prepare.

I hope everyone is staying warm!

Please enjoy Friday’s edition of my Compliance News Flash with blurbs about:

  • California’s new immigration law which applies to employers
  • EU-U.S. Privacy Shield
  • Changes to background investigations by the National Background Investigations Bureau and Department of Defense
  • An update to New Jersey’s Ban the Box law
  • The return of Congress

Click here to read the Compliance News Flash.