DHS Relaxes I-9 Form Requirements for Remote Employers
On March 20, 2020, the Department of Homeland Security (“DHS”) announced that it would exercise discretion to defer the “physical presence” requirement for remote workplaces in light of the COVID-19 pandemic.
Under the new guidance, employers who move to a completely remote workforce (with no employees physically present in the workplace) will not be required to review the employee’s identity and employment-authorization documents in the employee’s physical presence. Instead, employers may review the documents via video or can receive them via email or fax. They must obtain copies of the documents within three business days. The employer should enter “COVID-19” in Section 2 as the reason for the delay.
When normal operations resume, the employer must physically inspect the forms and should add “documents physically examined” and the date of inspection to Section 2.
An employer who utilizes this option must provide written documentation of their remote onboarding and telework policy for each employee. Employers should not overlook this obligation.
The relaxed rule will expire on May 19 or within 3 business days from the end of the National Emergency, whichever comes first.
Clark Hill’s Labor and Employment Practice Group attorneys will continue to provide critical updates as businesses around the country try to navigate these uncharted waters and are able to assist in any way needed. For more information, please visit Clark Hill’s COVID-19 Resources webpage.
2022 Projections in the North American Auto Industry
2021 was challenging for the auto industry in Mexico and the United States, and 2022 is similarly projected.
Leaders in the automotive and manufacturing industries will benefit from a panel discussion where their industry peers and Clark Hill attorneys will discuss the key legal and supply chain issues.
2022 California Labor & Employment Conference
From new regulations regarding COVID-19 to critical employee rights updates, join us to keep your business prepared and in compliance.