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Compliance News Flash – April 13, 2018

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. U.S. Citizenship and Immigration Services (USCIS) launched a new E-Verify website (click here and here). E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees on the Form I-9, Employment Eligibility Verification, against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS).

  2. This week White House nominee Sharon Fast Gustafson, nominated to fill the position of General Counsel at the Equal Employment Opportunity Commission (EEOC), testified before the Senate Health, Education, Labor and Pensions Committee. The position of General Counsel is being filled by James Lee, who has served as Acting General Counsel since 2016, after former EEOC General Counsel David Lopez resigned. Separately, the two nominees to the bipartisan EEOC Commission are still awaiting Senate confirmation, including the new commission chair.  

  3. I previously wrote (click here) about California’s AB 450 which imposes several new immigration-related responsibilities on California employers with respect to worksite enforcement actions and compliance with the requirement under federal law to complete and maintain the Form I-9 for employees. These obligations include restrictions on consent to ICE actions at workplaces, notice to employees about ICE investigations, and certain disclosures to employees subject to a government investigation. As a follow up, the California Labor Commissioner’s Office has issued a template of the notice employers must post for their employees in the event of a government Form I-9 inspection within 72 hours or face penalties. That means when a company is subject to a Form I-9 inspection by Immigration and Customs Enforcement (ICE), employers must notify their workforce. Click here and here. Note too that this notice should be provided in all situations where there is a government inspection related to a company’s compliance with federal immigration laws, including investigations by USCIS.

  4. As organizations continue to prepare for the European Union’s General Data Protection Regulation (GDPR), which includes a data breach notification requirement, our friends to the north (i.e., Canada) are also expected to finalize stricter new security breach notification requirements. On June 18, 2015, the Digital Privacy Act amended Canada’s private sector privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA), in a number of areas. A key change was the establishment of mandatory data breach reporting requirements. These new provisions are set out in Division 1.1 of PIPEDA, but are not yet in force. Now there are proposed Regulations which, among other things, prescribe the process for the coming into force of the Regulations.

  5.  WebRecon issued 2018 statistics for consumer litigation and the Fair Credit Reporting Act (FCRA) is trending higher than other consumer protection statutes with respect to claims filed. The consumer litigation space appears to be trending to the FCRA, over the Telephone Consumer Protection Act (TCPA) and Fair Debt Collection Practices Act (FDCPA). In February 422 FCRA-related complaints were filed in court, a jump of 36.6% from January 2018. Year to date complaints come to 731, a 7% increase from last year (January – February time period). Meanwhile, FDCPA and TCPA complaints are trending down.

If you have any questions or need assistance on any point raised in this Compliance News Flash please contact:

Montserrat Miller  

Montserrat C. Miller
Partner, DC Office



The information presented provides a general summary and/or recent legal and regulatory developments. It is not intended to be, and should not be relied upon as legal advice.
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