Compliance News Flash

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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. Recently a federal district court in Texas weighed in on the proper application of Article III standing requirements in light of the Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. The court granted the defendant’s motion to dismiss the class action due to lack of Article III standing. The case involved allegations of a deficient disclosure and authorization (D&A) form under the Fair Credit Reporting Act (FCRA) used for employment purposes because it included extraneous information such as an on-going authorization, state disclosures, the summary of rights, and a legal disclaimer. Plaintiffs argued that the D&A violated the FCRA’s stand-alone disclosure requirement. In granting the defendant’s motion the court took the position that this was form over substance and plaintiff’s allegations did not confer standing because he did not demonstrate he suffered a concrete injury. The case is Dyson v. Sky Chefs, Inc., 2017 WL 2618946, N.D. Texas (June 15, 2017).

2. President Trump has nominated Janet Dhillon to chair the Equal Employment Opportunity Commission (EEOC), taking over from acting chair Victoria Lipnic. Ms. Dhillon has led the legal departments at US Airways and J.C. Penney and is currently General Counsel for Burlington Stores. Speaking of general counsel positions, the general counsel position at the EEOC remains open. President Trump has not yet appointed a replacement for the position vacated by David Lopez.

3. The Attorney General of New York announced a $1 million settlement with Infosys Corporation for failing to follow U.S. visa requirements for workers in New York State and thereby depriving the state of tax revenues. At issue was the company’s use of B-1 visas instead of H-1B visas for workers in New York. The enforcement action was brought as a result of a whistleblower, under the New York False Claims Act. While on the subject of visas, the administration is floating a proposal that will dramatically affect F-1 student visas by requiring annual renewal of such visas and eliminating admission to the United States pursuant to Duration of Status (which means students will be admitted instead for a fixed period of time).

4. Employers – a new Employment Eligibility Verification form (aka the Form I-9) will be issued this month. Homeland Security says the date is July 17, 2017, with an effective date of September 17, 2017. In a nutshell the new form will (i) update List C to reflect the most current version of the certification or report of birth issued by the Department of State; (ii) make a change to the form’s instructions to remove “the end of” when describing the day on which Form I-9 completion is required; and (iii) make a revision to the name of the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices to call it by its new name, the Immigrant and Employee Rights Section (IER). For Form I-9 geeks like me that track this stuff, the International Entrepreneur Final Rule which was supposed to be part of the changes to the Form I-9 is being delayed until March 14, 2018. Otherwise, that would have been reflected in the revised Form I-9.

5. To facilitate compliance with the Form I-9 requirements I have conveniently compiled into one location on my Workforce Compliance Insights blog helpful bylines I have written as well as articles I have been quoted in and a free webinar I did on this subject. The blog posting is entitled How Compliant is Your Company with the Form I-9 Requirements?

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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