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Compliance News Flash - January 5, 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. California’s new immigration law goes into effect this month. The new law relates to worksite enforcement actions by Immigration and Customs Enforcement (ICE) agents and applies to public and private employers in California and compliance with the Employment Eligibility Verification (aka “Form I-9”) requirements. Read more on my blog by clicking here
  2. In case you missed it and you keep up with this sort of thing, last month President Trump signed the 2018 National Defense Authorization Act which shifts background investigations for defense personnel from the National Background Investigations Bureau (NBIB) to the Defense Security Service.  Meaning that the Department of Defense (DOD) will again handle its own security clearances.  To read more about why NBIB has been cut out of the security clearance process, how DOD will handle the transition, and concerns about the change click here.
  3. Oh joy, both chambers of Congress return to action on Monday, January 8 to a packed agenda.  Immigration is expected to come up with the anticipated release of a Republican legislative outline on border security and addressing undocumented “Dreamers” whose immigration benefits will end this year. Another issue that must be resolved is funding the federal government, as current funding expires January 19.  Also, President Trump will deliver his first State of the Union address on January 30.
  4. Warning – keep your EU-U.S. Privacy Shield certifications up to date and don’t misrepresent your company’s participation in the program that allows for the cross-border transfer of personal data from the European Union (EU) to the United States. Late last year the Federal Trade Commission (FTC) gave final approval to settlements with three companies that falsely claimed participation in the EU-U.S. Privacy Shield program.   These are the first three cases the FTC has brought to enforce the EU-U.S. Privacy Shield program since the program was put in place in 2016.
  5. New Jersey’s Fair Chance Hiring law (aka “Ban the Box”) has been modified to prohibit private employers from inquiring about an applicant’s criminal record, including an expunged criminal record, during the initial employment application process (S-3306) .  What’s new is the fact that employers cannot inquire about an expunged criminal record.  The legislation is part of a series of bills signed by Governor Chris Christie related to expungement of criminal records.


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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