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Jul 21 2022
COVID-19DisabilityHarassment & Discrimination

EEOC updates guidance on COVID-19 screening for employers

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance regarding COVID-19 (coronavirus) and the Americans with Disabilities Act (ADA). These FAQs scale back the agency’s approval of mandatory COVID-19 screening measures and clarify several other COVID-19 related issues. Viral screening tests and “business necessity”: The EEOC now says…

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Jul 07 2022
DisabilityDrug and AlcoholHiring

Q&A: Hiring before receipt of drug test and background check is risky

Question: Our company is struggling to find workers and keep operations running efficiently. All employment offers are conditioned on passing a preemployment drug screen and background check. We’ve been allowing new hires to start working before we receive the results from our third-party vendors. We just learned that an employee who has been working for…

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Jul 07 2022
CaliforniaDrug and AlcoholHiring

CALIFORNIA: No pay due for applicants’ time to take drug tests

The U.S. Ninth Circuit Court of Appeals recently ruled that California employers aren’t required to compensate applicants for time and travel expenses required to undergo mandatory preemployment drug tests. A grocery store with locations in California offered jobs to applicants contingent on a successful background check and drug test. The company paid the drug testing…

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Jun 16 2022
Harassment & DiscriminationHiringMontana

MONTANA: Good hiring criteria and documentation win the day

A Montana employer’s clear hiring criteria and good documentation showing why it chose not to hire a former employee allowed it to overcome a discrimination and retaliation claim in federal court. A former employee with human resources experience applied for three part-time package handler positions with United Parcel Service (UPS). UPS decided not to interview…

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May 05 2022
COVID-19Hiring

Form I-9 remote inspection extended again, until October 31, 2022

The Department of Homeland Security (DHS) has again extended its temporary relaxation of the standards for physically inspecting a new worker’s employment eligibility documents when completing the Form I-9. This extension of the relaxed standard now expires on October 31, 2022. As we originally reported, DHS relaxed the requirement for employers operating remotely and unable to physically inspect documents…

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May 05 2022
HiringLeave LawsTermination & Resignation

Q&A: Temporary protected status may extend work authorization

Question: Last year during the I-9 process, a new hire showed me a Form I-766 (Employment Authorization Document) as proof of eligibility to work. The card is expiring soon and I’ve asked for updated documentation to reverify their authorization to work, but they say they don’t have any new documents. Will I have to terminate…

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May 05 2022
Affirmative ActionHiringWage and Hour

Federal contractors settle group hiring and pay claims with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) recently secured three significant settlements from employers with federal contracts. The companies didn’t admit liability, but signed conciliation agreements after routine affirmative action audits uncovered disparities in hiring and compensation. IQVIA Inc. agreed to pay $550,000 in back wages and interest to resolve allegations that it discriminated…

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Apr 07 2022
Employee BenefitsHiringWage and Hour

WASHINGTON: Employers must disclose pay info in all job postings

On March 30, 2022, Washington Governor Jay Inslee signed Substitute Senate Bill 5761, which requires employers with 15 or more employees to include the wage scale or salary range in each job posting, along with a general description of all benefits and other compensation for the job, effective January 1, 2023. The bill modifies Washington’s…

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Apr 07 2022
COVID-19Hiring

Expired Form I-9 List B documents unacceptable as of May 1, 2022

The U.S. Department of Homeland Security (DHS) is ending its COVID-19 temporary policy that allowed employers to accept List B identity documents that expired on or after March 1, 2020. Effective May 1, 2022, you must only accept unexpired List B identity documents for completing Form I-9. If an employee provided an expired List B…

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Mar 17 2022
HiringWage and HourWashington

President signs new arbitration law

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445) into law. Vigilant recently reported on the significant changes and impact of H.R. 4445 on mandatory arbitration agreements. Tips: We encourage you to ensure that your anti-harassment policies are up to date and to promptly…

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Jan 06 2022
COVID-19Hiring

Form I-9 remote inspection extended again, until April 30, 2022

The Department of Homeland Security (DHS) has again extended its temporary relaxation of the standards for physically inspecting a new worker’s employment eligibility documents when completing the Form I-9. This is the twelfth extension of the relaxed standard, which will now expire on April 30, 2022. As we originally reported, DHS relaxed the requirement for employers operating remotely and…

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Sep 16 2021
Hiring

USCIS extends expiration dates of Permanent Resident Cards

Beginning September 4, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it’s extending the expiration date of conditional Permanent Resident Cards (Green Cards) from 18 months to 24 months while cases are pending. The Permanent Resident Card (Form I-551) provides proof of a worker’s identity and employment authorization status, and may be presented as…

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