During COVID, the U.S. Department of Homeland Security (DHS) temporarily allowed employers to use expired documents, such as driver’s licenses and state ID cards, to meet the required List B identity documents for I-9 purposes. As issuing authorities are returning to more normal operations, this practice is ending on May 1st and employers will no longer be able to accept expired identity documents when verifying an employee's work eligibility on Form I-9. Employers must update the I-9s of current employees who presented expired List B documents between May 1, 2020 and April 30, 2022 by July 31st.
Another New DOL Resource
In our March newsletter, we mentioned the Department of Labor’s (“DOL”) digital resource regarding the Fair Labor Standards Act digital resource guide. Another resource recently announced by the DOL includes resources to help combat employee retaliation against employees that exercise their legal rights. Employers can also help prevent retaliation from occurring in the workplace by identifying and addressing behaviors that may result in retaliation against employees. Training and demonstrating a commitment not to retaliate against employees who exercise their rights, as well as including a policy in the Employee Handbook are ways employers can educate managers and other employees.
US Department of Labor offers new resources to help combat employer retaliation against workers who exercise their legal rights | U.S. Department of Labor (dol.gov)
The EEOC recently sued a Dallas company (“Company”) for discriminating against an applicant by rescinding an applicant’s conditional job off, and failing to have a conversation regarding a reasonable accommodation as part of the hiring process. The Company offered a position to the applicant conditioned on passing a medical exam and a negative drug test. The drug test came back positive due to a drug the applicant’s physician prescribed. The Company did not investigate, talk to the physician or take steps to provide reasonable accommodations, as required under the American Disabilities Act. An employer must engage in an interactive process when it learns of an applicant’s need for a reasonable accommodation. For more information regarding requirements, the link below is a great resource or I would be glad to provide assistance as well.
Employers | U.S. Department of Labor (dol.gov)