Compliance News Flash - February 2017

by Arnall Golden Gregory LLP
Contact

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization.

1. The President’s Executive Order (EO) on immigration remains on hold. A three judge panel of the U.S. Court of Appeals for the 9th Circuit, in a unanimous decision, upheld the stay against the President’s EO. This particular EO seeks to ban nationals from the following seven countries—Iran, Iraq, Libya, Syria, Sudan, Somalia and Yemen—for 90 days, Syrian refugees indefinitely and all refugees for a period of 90 days. Regarding the “travel ban” and individuals from the seven countries, whether working in the United States on an H-1B or studying in F-1 status or any other temporary status, such individuals are advised to consult with an immigration attorney about any travel outside the United States. The Temporary Restraining Order is temporary and litigation on this matter is expected to continue.

2. It is expected that worksite enforcement operations by Immigration and Customs Enforcement (ICE) will increase in the comings months. The purpose of these worksite operations will be to audit your company’s compliance with the Form I-9 requirements and whether you are employing a legal workforce. Now is the time to prepare for any such actions—be it a raid or a visit by ICE agents presenting a Notice of Inspection (NOI)—by having a plan in place to execute in such an event. For instance, if federal agents present themselves in your lobby or worksite, would they be vectored to management? Are there signs on your worksite that restrict access to employees only? If you would like to discuss further please contact Montserrat Miller.

3. H-1B season is upon us. That means that organizations seeking to hire international talent using the H-1B visa category (e.g., engineers, business professionals, computer programmers) must identify employees that may need H-1B status to work in the United States and begin preparations to file petitions on April 1, 2017 in order to qualify for the H-1B lottery. Why a lottery? Because the U.S. Citizenship and Immigration Services only approves 85,000 (65,000 + 20,000) H-1B petitions subject to the annual H-1B cap. Click here to read more. 

4. Restrictions on the use of credit history by employers when conducting a background check is trending up. Washington, D.C. is the latest major city to pass legislation pertaining to credit history screening for job applicants. The bill is called the Fair Credit in Employment Amendment Act (Bill 21-244) and it amends the city’s Human Rights Act. It prohibits employers, employment agencies, and labor organizations from taking discriminatory action against prospective and current employees based on credit history information. Business necessity may be an exception. The bill was approved by the full D.C. Council and now awaits Mayor Bowser’s signature and then, because the District of Columbia really isn’t a state, the bill must be approved by the U.S. Congress. Click here and here for more information.

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.