We’ve delved into this topic several times in recent months, discussing the possible perils and benefits of social media screening of candidates. The National Law Review posted an informative article titled “To Stalk or Not to Stalk….That Is the Question – Using Social Media for Applicant Review.” The focus of the article is social media screening, and they included some great best practice tips when using social media to screen applicants.

The National Law Review published this article outlining Ninth Circuit decisions and requirements for Article III standing. The decisions also clarify when extraneous information on background screening disclosures can put employers at risk. Background screening disclosures and authorizations continue to be an area of litigation and it is important to get it right if you want to avoid lawsuits.

Governor Ralph Northam signed HB872 on May 21, 2020, which takes effect on July 1, 2020.  The law decriminalizes simple marijuana possession and provides a civil penalty of $25.00. As part of the bill, employers are prohibited from requiring job applicants to disclose information regarding an arrest, criminal charge or conviction related to possession of marijuana. For more detail on the law, go here.

We are forwarding an update we received from E-Verify and the USCIS.

USCIS Preparing to Resume Public Services on June 4
U.S. Citizenship and Immigration Services is readying individual domestic offices to reopen on or after June 4. See our web alert for information on field offices, asylum offices, application support centers and naturalization ceremonies.

Form I-9 Requirements Flexibility Extended for 30 Days
On March 20, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.

This temporary guidance was set to expire May 19. Because of ongoing precautions related to COVID-19, DHS has extended this policy for an additional 30 days.

This provision only applies to employers and workplaces that are operating remotely. See the original news release for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

The Ninth Circuit ruled generally employer favorable in two recent decisions concerning background checks and disclosures. The highlights in these two cases were that the background check disclosure may contain explanatory language as long as it isn’t excessive and confusing; the disclosure can be presented at the same time as other materials, as long as the disclosure is on a separate form; the language in a separate authorization form has no impact on the disclosure form’s compliance with the Fair Credit Reporting Act (FCRA) standalone requirements; and the pre-adverse action letter does not have to require the opportunity for the applicant to discuss the report with the employer.