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Sunday, October 02, 2022

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DHS announces flexibility in requirements related to Form I-9 compliance

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This just in from the Department of Homeland Security: Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland Security (DHS) announced today that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA). Employers with employees taking physical proximity precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. However, employers must inspect the Section 2 documents remotely (e.g., over video link, fax or email, etc.) and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2. Employers also should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after normal operations resume. Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate. These provisions may be implemented by employers for a period of 60 days from the date of this notice OR within 3 business days after the termination of the National Emergency, whichever comes first.

Maryland Joins the Ban-The-Box Movement! General Assembly Overrides Governor Veto!

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The Maryland General Assembly passed Senate Bill 839/House Bill 994, The Criminal Record Screening Practices Act, in March of 2019. In May 2019, the Governor vetoed the Bill. And on January 30, 2020, the General Assembly voted to override the Governor’s veto. So, Maryland joins multiple other states, cities, and municipalities which ban-the box on employment applications.

Society for Human Resource Management (SHRM) Advises of Three Screening Trends for 2020!

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SHRM recently posted about three pre-employment screening trends they anticipate this year. Compliance will be the main focus of all three categories and will be critically important to get right. According the SHRM, FCRA claims will continue. Laws focusing on ban-the-box, salary history bans, and marijuana in the workplace will continue to pass. And technology advancements and review will be a focus in 2020. You can read the full article and gather more information here.

Pennsylvania Amends Background Check Requirements for Employees with Contact with Children

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Pennsylvania amended section 6344(m) of the Child Protective Services Law effective December 31, 2019. The law calls for specific requirements concerning background checks for employees who have contact with children, as well as a shorter exemption period to comply with the requirements, as long as specific conditions are met.

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