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Compliance News Flash – August 3, 2018

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash. This weekly update is your source for timely background screening and immigration-related news that is important to your organization.

  1. Employers pay attention to Form I-9 compliance. Meaning, are you properly completing the employment eligibility verification form for all new hires and re-verifying employees’ expiring work authorization? The reason being that the number of ICE investigations in 2018 has doubled since 2017. So far in fiscal year 2018 ICE Homeland Security Investigations (HSI) initiated twice the number of worksite enforcement investigations compared to all of last year. From October 2017 through May 2018, HSI opened 3,510 worksite investigations, initiated 2,282 I-9 audits, and made 594 criminal arrests and 610 administrative arrests. During all of fiscal year 2017, the number of HSI investigations were fewer than half that—1,716 worksite investigations, 1,360 I-9 audits, 139 criminal arrests, and 172 administrative arrests. Click here to read the full news announcement from ICE.

  2. Wondering if the California Consumer Privacy Act of 2018 (CCPA) applies to your business? It may. The CCPA applies to all businesses, headquartered both inside and outside of California, that collect personal information of California residents. The CCPA defines “business” as a for-profit entity (meaning non-profits are excluded) that collects consumers’ personal information that meets at least one of the following thresholds (i) has annual gross revenues in excess of $25,000,000; (ii) alone or in combination, annually buys, receives for the business’ commercial purposes, sells, or shares for commercial purposes, alone or in combination, the personal information of 50,000 or more consumers, households, or devices; or (iii) derives 50% or more of its annual revenues from selling consumers’ personal information. To read more about what the CCPA means for your business click here 

  3. In July, Immigration and Customs Enforcement (ICE) delivered over 2,700 Notices of Inspection (NOI) to businesses and made 32 arrests in a nationwide operation to enforce immigration-related workforce laws. This is in addition to the more than 2,500 NOIs that ICE delivered earlier this year. An NOI alerts business owners that ICE will conduct a Form I-9 audit to ensure that the business is complying with immigration laws and regulations. After receiving an NOI, employers are required to produce the Forms I-9, along with proof of identity and work eligibility of their workers, within three business days. Click here for the full story.

  4. Is the EU-U.S. Privacy Shield pact for the transfer of personal data from the European Union (EU) to the United States on thin ice? One word, “yes.” The EU warned the Trump administration that the U.S. has three months to comply with the EU-U.S data sharing agreement known as Privacy Shield. EU Commissioner of Justice Věra Jourová sent a letter to Secretary of Commerce Wilbur Ross urging the administration to appoint a senior ombudsman to oversee the Privacy Shield agreement and to ensure that EU citizens’ data is adequately protected. The warning comes at a particularly tense time in U.S.-EU relations as President Trump has recently criticized EU privacy and technology laws. Click here to read more.

  5. The National Association of Professional Background Screeners (NAPBS) released its second annual background screening survey of Human Resources professionals that found a majority of employers responding to the survey conduct background screenings, citing public safety as the top reason for doing so. The survey found that nearly all respondents stated they conduct background checks of some kind, generally after an interview or job offer, and that criminal history checks are the most commonly included component of a background check.


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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