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New Federal I-9 Forms Required: The US Citizenship and Immigration Services (USCIS) announced today that a new Form I-9 is now available and employers should begin to use the new form immediately. The USCIS will allow employers an additional 60 days to update electronic I-9 platforms. There is a 60 day implementation period. Effective May 7, 2013 the prior versions of the Form I-9 will no longer be permitted. The new form can be obtained here: http://www.uscis.gov/files/form/i-9.pdf The new Form I-9 contains the following revisions: • Additional data fields, including the employee’s foreign passport information (if applicable), telephone and email addresses. • Improved instructions. • Revised form layout, expanding the written form area from 1 to 2 pages.
Weather Conditions Affecting State Agency Closures: NJ state agencies (including DMV) down due to power outages: http://nj1015.com/computer-outages-affect-several-nj-agencies/
Consumer Protection Legislation 2013 There are new laws governing background checks which become effective in January 2013:
Federal Fair Credit Reporting Act (FCRA)
The following new federal law becomes effective January 1, 2013:
The Consumer Financial Protection Bureau (CFPB) is now the primary enforcement agency for the Fair Credit Reporting Act (FCRA) under 15 U.S.C. § 1681 et seq., replacing the Federal Trade Commission enforcing the FCRA. The Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203, H.R. 4173), which was signed into law by President Obama on July 21, 2010, transferred rulemaking authority for the FCRA to the CFPB.
Subsequently there are revised FCRA Disclosure forms and Consumer Right To Know notices which must be utilized as of January 1, 2013. Please only use the revised forms after that date to remain in compliance with federal laws.
These revised forms are available in Appendices K,M, & N at the end of Title 12 of the Code of Federal Regulations, Part 1022 and include:
Link to the electronic CFR: http://bit.ly/QtqSqP
Link to the revised Summary of Consumer Rights: http://bit.ly/Wvu8mR
This advance notice allows the employee or applicant to review the report and advise the employer if they believe it is incorrect.
This disclosure notice must be provided in writing and cannot be incorporated into the employment application form. Pre & Post-Adverse Action Notices:
State
The following new California Bill becomes effective January 1, 2013:
Social Media & Personal Passwords AB1844 This bill prohibits employers from either requiring or requesting employees or job applicants to provide their user names and/or passwords in order to access their personal social media accounts. Employers may not ask employees or applicants to divulge their personal social media. One limited exception is if the matter relates directly to a company internal investigation.
Deep Level Due Diligence: What you need to know (published on the FCPA Compliance and Ethics Blog)
Business Risk Mitigation: FCPA Compliance (published in CALI Journal, May 2011)
UK Bribery Act becomes effective July 1, 2011. For guidance on this Act click here.
Credit History Legislation in the News:
California Credit Law
Governor Jerry Brown signed into law AB 22 [Mendoza] establishing new limitations on the use of consumer credit reports in employment situations in California. As signed into law, AB 22 prohibits an employer or prospective employer, except for certain financial institutions, from obtaining a consumer credit report for employment purposes unless the position of the person for whom the report is sought is either:
While these provisions may still allow for the continued use of consumer credit reports in some situations, AB 22 does place restrictions on the use of consumer credit reports.
Illinois Credit Law
Effective January 1, 2011 employers in Illinois can only request and use credit history information when there is a bona fide job-related need. Employers may not discriminate against an employee or applicant based on his/ her credit history. Employers who have employees with financial or fiduciary responsibilities will likely have a bona fide occupational need to require credit checks.
State Agency Fee Increases:
Due to financial difficulties many state agencies including departments of motor vehicles (DMV’s), and county courthouses have increased the fees that are charged for records retrieval and court copies. The following is a partial list of increases that have occurred recently:
Motor Vehicle Record MVR increases by state:
Missouri October 2010
Other Agency News:
Some state departments including DMV are closed more frequently due to continuing financial difficulties. Many county court houses across the USA are under-staffed causing delays in retrieving archived court records. Infortal notifies clients of known court delays on a case by case basis, as these are continuously changing.
Foreign Corrupt Practices Act: FCPA News:
Recent FCPA Enforcement Actions: August 2010: A federal judge sentenced a Beverly Hills, Calif., film producer and his wife to six months in prison and six months home confinement each in the first criminal case involving Foreign Corrupt Practices Act (FCPA) charges against individuals in the entertainment industry. Patricia and Gerald Green, whose film credits included Werner Herzog's Rescue Dawn, were convicted last fall of paying $1.8 million in bribes to a high-ranking government official in Thailand in exchange for more than $13.5 million in contracts to manage the Bangkok International Film Festival: http://tinyurl.com/4gy6dk4
Workplace Violence: Recent Events in the News
January 2011: 22 yr old Jared Loughner shoots 19, 6 killed and congresswoman Giffords shot in head.
November 2010: Man takes daughter hostage on Bay Bridge.
September 2010: Female employee, Yvonne Hiller, kills 2 and injures 2 at Kraft Foods, Philadelphia
February 2010: University of Alabama, Huntsville Campus: Omar Thornton killed 3 and injured
6 November 2009: Fort Hood gunman, Dr. Hassan, kills 13 & injures 45
September 2009: Murder of co-worker at Yale
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