This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 

1. On February 28 at 3 pm EST Montserrat Miller, a Partner with Arnall Golden Gregory, will speak on a free webinar entitled Hiring and Maintaining a Legal Workforce: What’s New in 2017. Ms. Miller will be talking about what’s new in 2017 relative to hiring and maintaining a legal workforce. She will address immigration compliance-related topics such as the President’s Executive Orders—and proposed orders—and the impact they could have on American employers and their workforce. She will also talk about mandatory E-Verify, increased raids by Immigration and Customs Enforcement (ICE), increased civil penalties for noncompliance with the Form I-9 requirements, and what to expect and how to prepare your organization for an ICE worksite enforcement operation. Read more here.
2. When conducting pre-employment background checks using a background screening company employers have to follow certain rules – including providing the job applicant with a notice advising them of the background investigation and securing their written authorization, as well as following the pre-adverse action process if adverse information from that report (e.g., criminal history) may be used to reject the job applicant. Read about litigation surrounding noncompliance in this area as well as a further explanation of these steps by clicking here.
3. Speaking of background checks, the FTC recently posted on its blog how to use information in such reports and the fact that an employer can’t “double dip.” Meaning, if you receive a “consumer report” (aka a background check report) for employment screening purposes, you can’t use it for a different purpose. If you engage the services of a background screening company make sure to read the Notice to Users of Consumer Reports: Obligations of Users Under the FCRA, which explains employer’s obligations under the law.
4. On February 28, President Trump will address a joint session of Congress laying out his vision and agenda. Expect the topics of border security, interior enforcement, E-Verify and immigration in general to be addressed.