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In part four of our Form I-9 podcast series, Jessica Cross and Jenny Cofer continue our conversation on the renewed requirements for I-9 document verification, given the policy and procedural shifts in the wake of the pandemic. Our speakers discuss the specific steps employers are required to follow if they qualify for the new alternative procedure outlined in U.S. Citizenship and Immigration Services’s (USCIS) new policies regarding inspection of documents. Jenny and Jessica also review employer E-Verify enrollment and training requirements to ensure they are in compliance with U.S. Department of Homeland Security (DHS) guidance.

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In part three of our multi-part series on changes to the Form I-9, Tiffany Coburn and Meagan Dziura provide insights into the alternative procedure for remote verification of employment in light of the recent changes in policies instituted by U.S. Citizenship and Immigration Services (USCIS). Specifically, our speakers discuss the threshold requirements for employers to qualify to use this alternative procedure, which can help meet physical examination requirements for Forms I-9 completed remotely under the COVID-19 temporary flexibilities and also permits permanent virtual verification in lieu of physically examining Form I-9 documentation. Meagan and Tiffany also generally discuss E-Verify, what it means to be in good standing with E-Verify, and how to establish a general policy for using the alternative procedure consistently.

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This episode of our Safety Perspectives From Region 6 podcast is the first in a three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration (OSHA). Frank Davis and John Surma discuss the range of employer considerations regarding preserving and documenting the scene of fatalities and catastrophic events at a worksite. Our speakers specifically discuss preservation letters, the scope of the duty to preserve a scene, and consequences for the failure to preserve.

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In the second episode of our podcast series covering the new Form I-9, Christina Kelley and Natalie McEwan review the timeline for transitioning to the new form, changes to the form and its instructions, and the grace period for using the new form. Christina and Natalie, both of whom are members of the firm’s Immigration Practice Group, discuss the benefits of the new form, including its compatibility with mobile devices and tablets, the more concise instructions for completing the form, and the form’s streamlined design. They also note what has not changed, such as the timeline for completing some sections of the form and the document review guidelines.

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In this podcast, Dee Anna Hays and Susan Gorey are joined by John Merrell, who is a member of our Traditional Labor Relations Practice Group, to discuss the pros and cons of having a social media policy. Our speakers specifically focus on the considerations employers should keep in mind when updating and drafting their social media policies, such as protected concerted activity (PCA) under the National Labor Relations Act (NLRA). They also cover the importance of having and implementing policies that consider their company’s best interest, while being careful to avoid those that may have a “chilling effect” on employees’ right to engage in PCA on social media.

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In this episode of the Safety Perspectives From Region 6 podcast, Frank Davis and John Surma review the Occupational Safety and Health Administration’s (OSHA) national emphasis programs (NEPs), as well as regional and local emphasis programs, which focus OSHA and state-plan resources on particular hazards and high-hazard industries. Frank and John discuss an array of emphasis programs—including a new national emphasis program that relates to warehousing and distribution center businesses—inspection protocols, and the importance of training. They also cover several emphasis programs specific to Region 6.

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In this podcast, Tiffany Coburn and Natalie McEwan discuss Senate Bill (SB) 1718, Florida’s new immigration law, which took effect on July 1, 2023, and its mandate on Florida employers with more than 25 employees to use E-Verify for employees hired after the law’s effective date. Our speakers discuss employers’ obligations with regard to the knowing employment of unauthorized individuals and the employer defenses for hiring unauthorized individuals. The law also adds state civil and criminal penalties for violations of its provisions and is expected to increase state law enforcement’s capabilities in administering immigration rules and requirements.

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In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) provide an update on enforcement trends at Cal/OSHA, including the rise in citations for failure to adhere to an Injury and Illness Prevention Program (IIPP). Karen and Kevin also give practical pointers for dealing with requests made during an investigation, from written requests to requests for demonstrations. They also discuss “late appeals” cases and the importance of responding to citations in a timely manner.

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In this podcast, Amanda Mullane and Claudia Martorell provide an overview of the temporary COVID-19 policy permitting employers to inspect documents remotely for the I-9 and to complete the I-9 virtually until they returned to in-person operations or until the policy ended on July 31, 2023. Our speakers discuss the compliance expectations on employers, including details on the 30-day grace period (until August 30) to start verifying documents physically, and the exception permitting qualified employers to fulfill the inspection requirements remotely if they were enrolled in E-Verify at the time that the I-9 was completed. Our speakers focus on the significance of the shift from remote to in-person verification of documents, the rules on the use of authorized representatives, and the required notifications to employees.

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In this podcast, Lauren Hicks and Chris Near discuss updates to the Voluntary Self-Identification of Disability Form, which federal contractors and subcontractors must implement by July 25, 2023. Lauren and Chris, who are both members of the firm’s Affirmative Action and OFCCP Compliance Practice Group, examine the threshold requirements for completing the form, review the changes to the form made by the Office of Federal Contract Compliance Programs (OFCCP), and provide practical tips for implementation and document retention.