Compliance News Flash

by Arnall Golden Gregory LLP
Contact

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.

© Arnall Golden Gregory LLP | Attorney Advertising

Written by:

Arnall Golden Gregory LLP
Contact
more
less

Arnall Golden Gregory LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.