3 Changes to I-9 Regulations & Policy Due to COVID-19

As we did see in April 2020, The Department of Homeland Security (DHS) issued temporary changes to the I-9 verification process for virtual verification, the DHS recently issued a temporary policy to allow employers to accept expired List B documents when completing the Form I-9 beginning May 1.

This updated policy is intended to account for the fact that many people are unable to renew their driver’s licenses or state ID cards at this time due to stay-at-home orders. While some states have extended the expiration of drivers’ licenses and state identification cards, which are common List B documents, others have not. The temporary policy addresses both situations.

New York State DMV Information

In response to the global emergency, Governor Cuomo issued Executive Order No. 202.8: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency. In accordance with this Order, DMV field offices, road test sites, and Traffic Violations Bureaus are closed, and certain DMV services are temporarily unavailable. Many expiration dates have been extended. Please see below for more information on impacted services.

Pennsylvania Information

Department of Homeland Security has postponed the enforcement date for REAL ID from October 1, 2020, to October 1, 2021, in response to COVID-19 and the national emergency declaration. PennDOT made the decision to pause REAL ID issuance in the Commonwealth out of an abundance of caution and in the interest of public health. All Driver License Centers and Photo License Centers in Pennsylvania will be closed until further notice.

Temporary Extension for Expired List B Documents That Have Not Been Extended
List B documents that expire on or after March 1, 2020 and have not been extended by the state may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes.

If an employee presents their driver’s license that expired on or after March 1 and it was not extended by the state, employers should:

· Record the documentation information in Section 2 under List B, as applicable; and

· Enter the word “COVID-19” in the Additional Information field.

When the DHS ends this temporary policy, employers must require the employee to provide a valid unexpired document within 90 days. (The replacement for the expired document is preferred, but employees may choose to present a different document or documents to satisfy the I-9 requirements.) At that time, in the Section 2 Additional Information field, employers must:

· Record the number and other required document information from the actual document presented; and

· Initial and date the change.

Procedure for List B Documents That Have Been Extended
If the employee’s List B identity document expired on or after March 1, 2020, and the issuing authority has extended the document expiration date because of COVID-19, the document is acceptable as a List B document for Form I-9 (not as a receipt) during the extension timeframe specified by the issuing authority. In that case, the employer must:

· Enter the document’s expiration date in Section 2; and

· Enter “COVID-19 EXT” in the Additional Information field.

Employers may also attach a copy of a webpage or other notice indicating that the issuing authority has extended the documents. Employers can confirm that their state has auto-extended the expiration date of state IDs and driver’s licenses by checking the state Motor Vehicle Administration or Department of Motor Vehicles website.

The employee is not required to present a valid unexpired List B document later.

E-Verify
Employers participating in E-Verify should use the employee’s expired List B document number from Section 2 of the Form I-9 to create an E-Verify case as usual within three days of the date of hire. Even if a state has automatically extended the employee’s driver’s license because of COVID-19, employers should enter the expiration date as printed on the employee’s document when creating the E-Verify case.

Reminders
Employers are required to complete an employee’s Form I-9 within three days of their first day of work. The HR Support Center has various resources regarding I-9 requirements, including the revised Form I-9 (dated 10/21/19), which became mandatory on May 1.

The DHS has temporarily suspended the physical presence requirement for fully remote workplaces. Additional information is available in the HR Support Center by searching for “In-Person I-9.”

Additional Link What’s New USCIS

Ensure your organization is following all laws and regulations related to I-9 and E-Verify verification processes.  More than likely we will see additional changes and easing of in-person verification of documentation during the pandemic.  Auditing these records is necessary to ensure legal compliance.  I’m happy to work with any organization in auditing I-9’s or offering guidance on how to correct mistakes.

EEOC DELAYS EEO DATA COLLECTIONS DUE TO COVID-19 PUBLIC HEALTH EMERGENCY

“WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections because of the Coronavirus Disease 2019 (COVID-19) public health emergency, the agency announced today in a Federal Register notice.

The EEO (equal employment opportunity) surveys collect data from employers in different sectors of the workforce. The EEOC was planning to open the following EEO surveys in 2020: the 2019 EEO-1 Component 1 (Employer Information Report); the 2020 EEO-3 (Local Report); and the 2020 EEO-5 (Elementary-Secondary Staff Information Report).

The EEOC recognizes the impact that the current public health emergency is having on workplaces across America and the challenges that both employers and employees alike are now facing. Filers of the EEO-1, EEO-3 and EEO-5, which include private sector employers, local referral unions, and public elementary and secondary school districts, are dealing with unique and urgent issues. Delaying the collections until 2021 will ensure that EEO filers are better positioned to provide accurate, valid and reliable data in a timely manner.

EEO-1, EEO-3 and EEO-5 filers should begin preparing to submit data in 2021. Pending approval from the Office of Management and Budget under the Paperwork Reduction Act (PRA) the EEOC would expect to begin collecting the 2019 and 2020 EEO-1 Component 1 in March 2021 and will notify filers of the precise date the surveys will open as soon as it is available. The EEOC would expect to begin collecting the 2020 EEO-3 and the 2020 EEO-5 in January 2021 and will notify filers of the precise date the surveys will open as soon as it is available.

In addition to updates to the agency website, the EEOC will be reaching out directly to EEO-1, 3, and 5 filers regarding the delayed opening of the surveys.” (EEOC Email)

Nevada Annual Daily Overtime Bulletin

Updated to reflect an increase to the hourly daily overtime wage rates for employees with and without qualifying health benefits effective July 1, 2020. The daily overtime wage will increase to $12.00 per hour for employees offered qualifying health benefits. The daily overtime wage will increase to $13.50 for those employees not offered qualifying health benefits. This posting appears on the Nevada Combination Poster. This is a mandatory change.

Statutory language regarding this posting: The Nevada Office of the Labor Commissioner, Department of Business and Industry has increased the daily overtime wage from $10.875 per hour to $12.00 per hour for employees offered qualifying health benefits and from $12.375 per hour to $13.50 per hour for employees not offered qualifying health benefits.

Nevada Annual Minimum Wage Bulletin has been updated to reflect the minimum wage effective July 1, 2020. The minimum wage will increase from $7.25 per hour to $8.00 per hour for employees to whom qualifying health benefits have been offered or made available. The minimum wage will increase from $8.25 per hour to $9.00 per hour for all other employees. This posting appears on the Nevada Combination Poster. This is a mandatory change.

Statutory language regarding this posting: The Nevada Office of the Labor Commissioner, Department of Business and Industry has increased the minimum wage from $7.25 per hour to $8.00 per hour for employees to whom qualifying health benefits have been offered or made available. The minimum wage will increase from $8.25 per hour to $9.00 per hour for all other employees.

Additional resources:

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s