December 21, 2020
Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our clients as well as employers and consumer reporting agencies generally.
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The Department of Homeland Security (DHS) announced in the Federal Register it will extend the validity of Temporary Protected Status (TPS)-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan. The notice in the Federal Register automatically extends through October 4, 2021 (from January 4, 2021), the validity of Employment Authorization Documents (EADs); Forms I-797; and Forms I-94 for beneficiaries under the TPS designations for these six countries. Click here to read more.
- The Supreme Court has granted certiorari in TransUnion v. Ramirez, a case that could have important implications for Fair Credit Reporting Act (FCRA) class actions. The Court will consider the question of whether Article III of the Constitution or the Federal Rules of Evidence permit a “damages class action where the vast majority of the class suffered no actual injury, let alone an injury anything like what the class representative suffered.” The case arises from a class action against TransUnion in the 9th Circuit involving the matching technologies used by the company in connection with the reporting of Office of Foreign Asset Control (OFAC) information. In the case, the class representative was found to have suffered actual injuries due to the reporting of inaccurate information, while many members of the class arguably suffered no injury because TransUnion never issued a consumer report about them with the information in question. The trial court found for the plaintiffs and the 9th Circuit affirmed, while reducing an accompanying punitive damages award. Click here to read more.
- The California Office of the Attorney General (OAG) has published a fourth set of modifications to the California Consumer Privacy Act (CCPA) regulations which were approved by the California Office of Administrative Law (OAL) in August. This fourth set of modifications makes a few changes to the third set of modifications which were published on October 12th and which reintroduced the provisions the OAG had withdrawn from consideration by the OAL. The most notable change in this fourth set of modifications is the reintroduction of the opt-out button which businesses may use in addition to posting a notice of the right to opt-out on their website. Comments will be accepted on the proposed modifications until December 28th. Click here to read more.
- The Department of Justice (DOJ) Immigrant and Employee Rights (IER) Section announced it has reached a settlement with an IT company, Ikon Systems, LLC, resolving allegations that the company posted job advertisements that specified a preference for applicants with temporary work visas and failed to consider at least one U.S. applicant. Under the settlement agreement, Ikon will pay $27,000 in civil penalties and $15,000 to the affected U.S. citizen. This is the 11th settlement by the DOJ IER Section pursuant to its 2017 Protecting U.S. Workers Initiative. Click here to read more.
- The Federal Trade Commission (FTC) has issued 6(b) orders to nine social media and video streaming platforms, including Facebook, Amazon, Twitter, and YouTube, seeking information about how the companies use consumer data. Under Section 6(b) of the FTC Act, the FTC may require a company to file “reports or answers in writing to specific questions” about its business practices. Specifically, the 6(b) orders seek information about how the companies collect, use, track, estimate, or derive personal and demographic information; how they determine which ads and other content are shown to consumers; whether they apply algorithms or data analytics to personal information; how they measure, promote, and research user engagement; and how their practices affect children and teens. Click here to read more.
- On June 30, 2020 Florida Governor Ron DeSantis signed SB 664: Verification of Employment Eligibility into law that requires private employers to use E-Verify or to use the Form I-9 and maintain copies of the documents used to complete the Form I-9 for three (3) years. Effective January 1, 2021 private employers in Florida must (a) use the E-Verify system; or (b) duplicate the Form I-9 process by requiring the documents employees presented during the Form I-9 completion be presented in order to comply with Florida law. If the latter, employers must maintain those documents for at least three (3) years after the date of hire. (See, Section 2 of SB 664). The new law has the potential to create a two-track system for private employers with operations and licensed to do business in Florida when completing their Forms I-9. Or, in the alternative, require them to change their Form I-9 processes to photocopy documentation presented by the employee for Section 2 purposes. Employers currently not photocopying documents presented by new hires when completing the Form I-9 (which is not generally required), are most directly impacted by this new requirement. They either have to change their practices with respect to Form I-9 completion and begin photocopying documents, or run the risk of an enforcement action by Florida authorities. Non-compliance with Florida law may lead to suspension or revocation of a company’s license to do business in the state. Generally, unless an employer uses E-Verify, photocopying the documents presented for Form I-9 Section 2 purposes is not required. Employers may, but are not required to, photocopy the document(s) presented by the new hire when completing the Form I-9. (See, 8 U.S.C.A. section 1324a(b)(4); 8 C.F.R. section 274a.2(b)(3)). Click here to read the text of the bill.
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Montserrat C. Miller |
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Erin E. Doyle |
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.
