Compliance News Flash

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Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our clients as well as employers and consumer reporting agencies generally.

  • This week U.S. Immigration and Customs Enforcement’s (ICE) executed a criminal search warrant at technology repair company CVE Technology Group, Inc. (CVE) outside of Dallas, Texas. ICE arrested on administrative immigration violations more than 280 CVE employees who were allegedly working without proper work authorization. What is interesting is that ICE conducted a Form I-9 audit of CVE in January 2019, after receiving multiple tips that CVE knowingly hired individuals with fraudulent work authorization and identification documents. The interesting part is that thereafter they conducted a raid of CVE as part of an ongoing criminal investigation. Under the Immigration Reform and Control Act employers are required to verify the identity and work authorization of employees within three business days of hire. Employers cannot (a) hire individuals knowing they are not work authorized; and/or (b) continue to employ individuals knowing they are not work authorized. Penalties for such range from $573 - $4,586 for first offenses, per unauthorized worker. Read the full press release from ICE by clicking here.
  • The U.S. Department of Justice (DOJ) reached a settlement agreement with the Housing Authority of Victoria, Texas for allegedly discriminating against an employee based on citizenship status. According to the complaint, the Housing Authority required the employee to provide more work authorization documents than necessary and rejected his valid Social Security card. The Housing Authority then fired the employee, in violation of the Immigration and Nationality Act (INA). The INA prohibits employers from discriminating against work authorized employees based on citizenship status. Employers should accept any valid combination of documents listed in the Lists of Acceptable Documents which is part of the Form I-9. Assuming the employee has presented a valid document or combination of documents to complete Section 2 of the Form I-9, employers should not ask an employee to provide more or different documents to verify work authorization. Read the press release from the DOJ by clicking here.
  • The Czech Republic approved two bills that would codify in Czech law the provisions of the European Union’s General Data Protection Regulation (GDPR). The Czech Data Protection Act, which repeals the existing Act on Personal Data Protection, provides exceptions to administrative fines for the public sector and expands the authority of the Data Protection Office. The Act is awaiting the President’s signature to become law. The International Association of Privacy Professionals published an article about the Act here, or read the text (in Czech) here.
  • As previously reported in my blog (click here) this week U.S. Citizenship and Immigration Services (USCIS) began accepting cap-subject H-1B petitions. On May 20, 2019 USCIS will begin premium processing for FY 2020 cap-subject H-1B petitions requesting a change of status. Employers who do not/did not file the Form I-907, Request for Premium Processing Service, concurrently with an FY 2020 cap-subject H-1B petition requesting a change of status must wait until premium processing begins on May 20 to submit Form I-907. Click here to read the USCIS announcement. USCIS is offering premium processing in a two-phased approach during the FY 2020 cap season to avoid suspending premium processing like they have done in the past. The first phase includes FY 2020 cap-subject H-1B petitions requesting a change of status, and the second phase will include all other FY 2020 cap-subject petitions.

  • NAPBS members—on April 10 at 3 pm EST I will conduct a members-only webinar on the topic, “Data Breaches, the Disclosure and Authorization, Independent Contractors, and CCPA - What Do They All Have in Common?” This webinar is free to NAPBS members. NAPBS members should log in to the NAPBS website to register. Click here to see the announcement on LinkedIn.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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