In the Know

Compliance News Flash - March 31, 2017
March 31, 2017
Alerts
Arnall Golden Gregory LLP

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

  1. Cross-border transfers of personal data and the EU-U.S. Privacy Shield appear to be on solid footing for the time being. Privacy Shield certification with the U.S. Department of Commerce provides a lawful mechanism for organizations to transfer personal data—such as employee data—from the European Union (EU) to the United States. In a recent meeting between U.S. Secretary of Commerce Wilbur Ross and EU Commission Vice-President Andrus Ansip, Reuters reports that Ross “confirmed his support for the crucial pillars” of the Privacy Shield framework. Up next, EU Justice Commissioner Vera Jourova will meet with counterparts in the United States to prepare the annual review of the framework. 
  2. The Department of Justice settled an immigration-related discrimination claim against a pizza restaurant franchisee with 31 locations in Florida for $140,000. Long story short, the allegation was that the employer routinely requested that lawful permanent residents produce a specific document to prove their work authorization—their permanent resident card—while not asking the same of U.S. citizens. This is not an acceptable Form I-9 practice. To read more click here
  3. Tax liens and civil judgements will soon be removed from credit reports. Equifax, Experian and Trans Union have decided to remove such data starting around July 1, 2017 if the data does not include a complete list of a person’s name, address, as well as a social security number or date of birth. Click here to read the CDIA’s statement. 
  4. On March 6, 2017 President Trump signed an executive order restricting travel to the United States by individuals from certain countries, suspending refugee admissions, and limiting the number of refugees admitted in fiscal year 2017 to 50,000. Otherwise known as the “travel ban,” this is the second such executive order signed by President Trump and now the second executive order stopped by the courts. The latest executive order is entitled Protecting the Nation from Foreign Terrorist Entry into the United States. Of importance to employers is that the updated executive order would temporarily ban individuals from Iran, Libya, Somalia, Sudan, Syria and Yemen from entering the United States for a period of 90 days from the effective date of the order, which was March 16, 2017. Individuals from Iraq are not included on this list. The travel ban would apply to foreign nationals of the designated countries who are (i) outside the United States on the effective date of the order; (ii) did not have a valid visa as of January 27, 2017; and (iii) do not have a valid visas as of the date of this executive order. The executive order would not apply to lawful permanent residents and certain other categories of foreign nationals seeking entry into the United States. However, the travel ban is on hold as federal judges in Hawaii and Maryland have enjoined the latest executive order from going into effect. Both rulings are on appeal.
  5. New Mexico may soon have a data breach notification law signed by the Governor. Read more about it by clicking here.