November 11, 2020
Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our clients as well as employers and consumer reporting agencies generally.
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Arnall Golden Gregory will host its Annual Employment Law Seminar virtually on November 18, 2020 from 9:00 am – 12:00 pm EST. Compliance News Flash author Montserrat Miller and her outstanding AGG colleagues will discuss topics such as the impact of the presidential election on DOL, EEOC, and OSHA regulations, the challenges and legal risks of a remote workplace, and managing a multinational workforce during the pandemic. The Seminar is entitled “Employers (Thankfully) Look to Turn the Page to 2021” and has been approved for 3 hours of CLE credit by the State Bar of Georgia CLE credit. Society for Human Resource Management HRCI recertification credit, and CPE credit hours have been applied for. Click here to register.
- Less than a year after the California Consumer Privacy Act (CCPA) took effect, Californians voted on November 3, 2020 to approve the California Privacy Rights Act (CPRA) which will amend and expand the CCPA. The CPRA will take effect on January 1, 2023, with an enforcement start date of July 1, 2023; but its new requirements will apply to personal information collected on or after January 1, 2022. A few of the changes the CPRA will make to the CCPA include (i) establishing the California Privacy Protection Agency, which will become California’s data privacy regulator, instead of the Attorney General; (ii) granting consumers the right to opt-out of the sharing of their personal information for cross-contextual behavioral advertising; (ii) creating a new category of data called “sensitive personal information;” and (iii) granting consumers the right to correct inaccurate personal information. Businesses should consider how the CPRA may impact their CCPA compliance, and may need to make adjustments to their CCPA privacy notices. Click here to read AGG’s client alert on the topic.
- U.S. Citizenship and Immigration Services (USCIS) continues to clarify employer and employee obligations when addressing an E-Verify Tentative Nonconfirmation (TNC). E-Verify requires enrolled employers take action on TNCs for their employees within ten (10) federal government working days. On October 5, 2020, E-Verify announced that starting on November 5, 2020, E-Verify would begin notifying employers not in compliance with this requirement to take action to meet the requirement. Additionally, E-Verify has launched a communication campaign to remind employers and employees of their roles and responsibilities during the TNC process. TNCs are issued by the E-Verify system to address a discrepancy, either with the Social Security Administration or the Department of Homeland Security. To read more or to subscribe to the E-Verify mailing list, click here.
- Savantis Solutions, LLC, a corporation involved in consulting, technology, and staffing, has agreed to pay $345,000 to resolve allegations concerning immigration violations and Department of Labor regulations. Savantis allegedly did not pay its H1-B workers the required wage in regular intervals at the required wage rate throughout their period of employment. The U.S. Attorney’s Office also contended that Savantis improperly recruited H-1B workers by requesting said H-1B workers provide security deposits to Savantis prior to Savantis submitting their H-1B cap lottery applications. Both of which are not allowed under the H-1B program. The resolution requires Savantis to pay approximately $345,000 in restitution, which will be used to pay back wages plus interest to employees and former employees of the company. Savantis will also be subject to three years of ongoing monitoring. Click here to read more.
- The U.S. Department of Justice settled with a car rental services company to resolve immigration-related discrimination and will pay civil penalties totaling $627,000. The settlement resolves claims that the company discriminated against work-authorized non-U.S. citizens by requiring them to provide specific and unnecessary work authorization documentation because of their citizenship or immigration status. Fleetlogix Inc. operates offices nationwide, providing cleaning and transportation services to rental car companies. The investigation stemmed from the company improperly requesting specific documents from work‑authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA), such as a work permit or their permanent resident cards. This despite the fact that individuals may have already presented other valid and legally sufficient documents to prove work authorization, such as a driver’s license and unrestricted Social Security card. In addition to civil penalties, the company must create a back pay fund for individuals who lost work due to the discrimination, train relevant employees on the requirements of the INA’s anti-discrimination provision, and change its policies and procedures. As a reminder, during the Form I-9 process, employers cannot request nor demand that employees provide specific documents for purposes of section 2 completion. Click here to read the Department of Justice news release.
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Montserrat C. Miller |
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Erin E. Doyle |
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.
