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Compliance News Flash - March 2, 2018

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important to your organization.

  1. ICYMI, Homeland Security has been rather busy with worksite enforcement issuing Notices of Inspection (NOI) to employers demanding to see their employment eligibility verification forms (“Form I-9”), settling cases and raiding businesses. In California they recently issued nearly 200 NOIs (click here and here).  The NOI is the document that triggers an investigation by Immigration and Customs Enforcement (ICE) into a company’s hiring practices and whether you are hiring a legal workforce as well as an inspection of the Forms I-9.   Late last year Asplundh Tree Experts was hit with a record $95 million settlement for the unlawful employment of individuals. And in January ICE agents raided 100 7-Eleven stores as part of an effort to ensure a legal workforce.  Employers should consider an internal audit of their Forms I-9 to review not only that your paperwork is in order but also that your practices are compliant and conform with legal requirements. 

  2. Since California seems a popular target for ICE now is a good time to revisit California employers' obligations under AB 450 signed by Governor Brown last year. The legislation imposes several new immigration-related responsibilities on California employers with respect to worksite enforcement actions and compliance with the requirement under federal law to complete and maintain the Form I-9 for employees. These obligations include restrictions on consent to ICE actions at workplaces, notice to employees about ICE investigations, and certain disclosures to employees subject to a government investigation. To read more click here 

  3. The Federal Trade Commission (FTC) may soon have a full-slate of Commissioners.  The FTC is headed by five Commissioners, although right now they are down to two (Maureen Ohlhausen and Terrell McSweeny).  President Trump has put forth four nominees – Joseph Simons to serve as Chair, Noah Phillips (Republican slot), Rohit Chopra (Democratic slot) and Christine Wilson (Republican slot).  The four have been approved by the Senate Commerce Committee and now await final confirmation by the U.S. Senate. Acting Chairwoman Ohlhausen was recently nominated by President Trump to become a U.S. Court of Federal Claims judge.  This new slate of Commissioners will usher in a new era of leadership for the FTC.

  4. Kansas City, Missouri is the latest jurisdiction to enact a ban the box ordinance, effective June 9, 2018.  The ordinance prohibits private employers with six (6) or more employees from inquiring about criminal history until after it has been determined that the individual is otherwise qualified for the position, and only after the applicant has been interviewed for the position.  And, an employer cannot base a hiring decision on an applicant’s criminal history unless the employer can demonstrate that the employment–related decision was based on all information available including consideration of the frequency, recentness and severity of a criminal record and that the record was reasonably related to the duties and responsibilities of the position.

  5. For those of you attending the NAPBS Mid-Year Conference in Washington, D.C. next month (April 15-17), please note that my colleague Kevin Coy will be speaking with Kerstin Bagus from ClearStar on Untangling the Web of Cross Border Transfer Requirements into and out of the U.S.  I will be speaking on All About Data - Retention, Disposal, Security and Breaches and also The CRA Guide to Social Media Background Screening, the latter with Bianca Lager from Social Intelligence.

If you have any questions or need assistance on any point raised in this Compliance News Flash please contact:

 Montserrat Miller  

Montserrat C. Miller
Partner, DC Office



The information presented provides a general summary and/or recent legal and regulatory developments. It is not intended to be, and should not be relied upon as legal advice.
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