In the Know

Compliance News Flash - February 3, 2017
February 03, 2017
Arnall Golden Gregory LLP

This is the first in a series of Friday news flashes – a quick overview of timely background screening and immigration-related news that is important to your organization.

  1. Know Before Your Hire: 2017 Employment Screening Trends – Roy Maurer from SHRM interviewed multiple industry experts, including myself, asking for our opinions on trends in the background screening industry. Trends discussed include Ban the Box, screening of contingent workers, use of social media and continuous screening. Click here to read the full article.
  2. The Swiss-U.S. Privacy Shield framework has been announced and organizations seeking to transfer personal data from Switzerland to the United States can enroll in this program beginning on April 12, 2017. The Swiss-U.S. Privacy Shield framework is similar to the EU-U.S. Privacy Shield framework and both provide a lawful mechanism for the cross border transfer of personal data to the United States. Click here to read more about this on my blog.
  3. As of January 22, 2017 all employers must be using the new version of the Employment Eligibility Verification form, otherwise known as the Form I-9. Remember that all employers must complete the Form I-9 for any new hire within three business days of hire. To view a webinar I presented on this topic, click here. You can access the new Form I-9 on U.S. Citizenship and Immigration Services’ website.
  4. Just a reminder about New York City and the New York City Human Rights Laws (NYCHRL), specifically the Fair Chance Act and Stop Credit in Employment Discrimination Act (SCDEA), which seek to prohibit discrimination by placing restrictions on the use of criminal history and credit information on employers. It is important to note that background screening companies can be considered to be “aiding and abetting” in the furnishing of such information and therefore screening companies should have measures in place, including certifications and indemnification, to mitigate your risk. Click here for Legal Enforcement Guidance on the Fair Chance Act. Click here for SCDEA.
  5. Ban the Box measures continue to move forward. Los Angeles is the latest major city. Click here to read more about this on my blog.