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
DOL issues Field Assistance Bulletin providing guidance regarding employers’ obligation under the Fair Labor Standards Act (FLSA or Act) to track the number of hours of compensable work performed by employees who are teleworking or working remotely.
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 August 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibility policy until December 31, 2021.
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.
See the original news release from March 23, 2020 for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9. Please also consult ICE’s guidance for clarification on this provision.
E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire. Please see COVID-19 webpage for more information.