The Attorney General’s Office is monitoring compliance with both existing labor laws and recent Executive Orders in place to manage the Coronavirus outbreak, including publishing guidance online and through social media posts on how to report employers who are violating these mandates. All employers are encouraged to fully comply with these mandates.
Department of Labor Updates
Department of Homeland Security (DHS) Updates
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire July 19. Because of ongoing precautions related to COVID-19, DHS has extended this policy for an additional 30 days. The expiration date for these accommodations is now August 18.
DHS provides examples showing how it is recommended for employers to notate Form I-9 when remotely inspecting employment authorization and identity documents and then subsequently performing the required physical inspection once normal operations resume.
The Department of Homeland Security (DHS) will allow employers flexibility with respect to reviewing employee’s identity and employment authorization documents in the employee’s physical presence for employers implementing remote work practices due to the Coronavirus outbreak. Employers who elect this option must provide written documentation of their remote onboarding and telework policy for each employee. Once normal operations resume, all employees who were onboarded using remote verification, must report to their employer within three business days for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification. Please review the USCIS news release for full details and instructions if implementing this temporary work around.
COVID-19 Temporary Policy for List B Identity Documents
DHS has issued a temporary policy regarding expired List B identity documents used to complete Form I-9, Employment Eligibility Verification. Beginning on May 1, identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes. Refer to the USCIS website for detailed information on how to complete the form using an expired document and steps that must be taken within 90 days after DHS’s termination of this temporary policy.