Please enjoy this week’s Compliance News Flash with blurbs about the President’s travel ban, Delaware’s pay equity law and what it means for employers, and California’s antidiscrimination law restricting use of criminal history.

Click here to read the Compliance News Flash.

Happy 4th of July!

On Monday, June 5 from 2:00 to 3:00 pm EST I will conduct a free webinar on “Workplace Investigations by the Department of Homeland Security – Is Your Restaurant Ready?”  The webinar is sponsored by the Georgia Restaurant Association.  Much, if not all, of what I’ll be discussing regarding employers compliance with immigration laws during the hiring process relates to all employers and isn’t limited to restaurants.  During the webinar I will discuss the following topics:

  • Factors leading to a workplace investigation by DHS – ICE
  • How to prepare for a workplace investigation by ICE
  • How to respond to a Notice of Inspection
  • What happens during an ICE audit
  • The role of the Department of Justice in workplace investigations
  • Collateral consequences of workplace investigations

Click here to register.

Are you an owner/operator, HR professional, compliance director or manager, or in-house counsel and interested in learning more about the Employment Eligibility Verification form (the “Form I-9”)?  Here are some educational opportunities:

  • If you are local to Atlanta, Georgia I will be joining my colleagues to talk about “Hot Topics in Immigration under the Trump Administration” at our offices on May 17, 2017 from 4 – 6 pm.  The event is sponsored by the German American Chambers of Commerce. Click here to learn more and register for this presentation.
  • In June I will be presenting a webinar for the Georgia Restaurant Association entitled, “Workplace Investigations by the Dept. of Homeland Security – Is Your Restaurant Ready?”  The webinar is from 2 – 3 pm on June 5, 2017.  Click here to register.

I recently wrote an article for Construction Business Owner entitled “The Record-Keeping Mistake You Could be Making” that addresses the Form I-9 and provides practical tips and best practices with respect to the form.  To read the article click here.

Finally, U.S. Citizenship and Immigration Services (USCIS) will be issuing a new Form I-9 this summer, which will take effect in September 2017.  One reason being that the International Entrepreneur Rule requires changes to the form to allow parole status to serve as a basis for employment authorization. Read more in Friday’s Compliance News Flash by clicking here.

Any questions please email me at montserrat.miller@agg.com.

New York City Mayor Bill de Blasio signed legislation prohibiting employers from inquiring about a prospective employee’s salary history during the hiring process. New York City joins Massachusetts and Philadelphia in passing legislation seeking to address the gender pay gap and ensure pay equity in the workplace.

Key details of the new law:

  • It will take effect October 31, 2017 and applies to private employers, among others.
  • It amends the Administrative Code (section 8-107) of the City of New York in relation to prohibiting employers from inquiring about or relying on a prospective employee’s salary history.  Therefore, as an employer, if inquiring into salary history is a part of your background screening process, you will need to re-evaluate this practice in order to ensure compliance by October 31, 2017.
  • Once effective, it will be an unlawful discriminatory practice for an employer, employment agency, or employee or agent to (i) inquire about the salary history of a job applicant; or (ii) rely on the salary history of a job applicant in determining salary, benefits or other compensation during the hiring practice, and including the negotiation of a contract.
  • Exceptions — an employer can still engage in a discussion with the job applicant about their expectations with respect to salary, benefits and other compensation; but, they cannot ask about salary history.   Another exception to the general restriction on inquiring about salary history is where the job applicant proactively discloses salary history, at which point an employer may consider salary history and may even verify the job applicant’s salary history.
  • The general prohibition on inquiring about salary history does not apply to situations where federal, state or local law requires such disclosure or verification of salary history for employment purposes; (ii) internal transfers or promotions; and (iii) public employee positions governed by a collective bargaining agreement.

Background screening companies note the term “agent” and the potential for a claim of engaging in an unlawful discriminatory practice. Bear in mind that New York City’s Stop Credit Discrimination in Employment Act (SCDEA) makes it unlawful to “aid or abet” any form of prohibited discrimination, including credit discrimination and this applies to consumer reporting agencies (i.e., background screeners). It is likely that the New York City Commission on Human Rights will issues regulations and guidance to clarify the intent of the law and we will see if they address this issue and other aspects of the law.

Read more about this in an article I wrote, published by FSR Magazine on April 18, 2017, which is intended to help leaders within the restaurant industry understand the employee onboarding process to avoid claims of unlawful discriminatory practices under the Immigration and Nationality Act.  The insights provided in the article are equally applicable to other industries and types of employers.

Click here to read the article.

 

In February I started writing a weekly compliance news flash which is published on Friday.  In April it dawns on me that I should provide this information to all my wonderful readers (thank you by the way). Clearly I was on the slow train on this one.  Regardless, here you go–this week’s compliance news flash which succinctly covers important issues related to employment background checks  and immigration compliance (i.e., Form I-9, E-Verify and Homeland Security workplace investigations).  Prior versions of the Compliance News Flash can be found by clicking here and here and here.  If you would like the news flash to appear in your inbox please send me an email and I will add you to my list — montserrat.miller@agg.com.

Happy reading.

Perk for members of NAPBS.  A colleague of mine is doing a webinar for members of NAPBS on the Foreign Corrupt Practices Act (FCPA).  Below is a summary of the webinar Mike Burke will be leading tomorrow (March 29) at 3 pm EST.

The Foreign Corrupt Practices Act (FCPA) impacts every U.S. business that has operations in other countries. Given the nature of the background screening industry, and the contacts between industry and government officials and regulators, U.S. background screeners need to pay particular attention to the FCPA’s compliance requirements. In this program, we will discuss the FCPA’s compliance requirements, the applicability to the background screening industry, and share some best practice tips for compliance.

If you are a member of NAPBS, click here to register.