The City of Los Angeles issued two new orders mandating employers in certain industries to retain or rehire employees.  The Right of Recall Ordinance and Worker Retention Ordinance are intended to help return furloughed and laid-off workers in hard-hit industries affected by the city and state shelter-at-home orders, including workers at the Airport, in the Hospitality Industry, and those who provide services to Commercial Property.

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Colorado’s statewide “Safer at Home” order currently remains in effect, with recent updates permitting select opening capacity for restaurants, children and sports camps, and private campsites.  As the Executive Order has been extended, employers should pay attention to provisions concerning reasonable accommodations and anti-discriminations contains therein.  In an effort to address concerns about returning to work, the Colorado Department of Labor and Employment (CDLE) released a Paid Leave and Unemployment FAQ, and Colorado Civil Rights Division (CRD) followed up with Guidance on the Safer at Home Executive Order for Employers and Employees.

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With the unprecedented impact of COVID-19, some states have relaxed the provisions of their local WARN Acts.  Maryland, on the other hand, has enacted amendments mandating certain requirements even for small job actions.  Recent amendments to the Economic Stabilization Act will require employers to fulfill notice obligations and continue benefits, triggered by a closure of all or some business operations of as few as 15 employees.

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1. USCIS Extends Response Deadlines for Certain Immigration-Related Processes
2. IRS Permits Mid-Year Plan Elections Due to COVID-19
3. Updated Disability Self-ID Form for Federal Contractors and Subcontractors
4. California: Mandatory State Retirement Fund Registration Deadline Extended
5. Los Angeles, CA: Emergency Supplemental Paid Sick Leave for Large Employers
6. New York: Wage Theft Prevention Act Amended, New Notice Requirements
7. Suffolk County, NY: Ban the Box Restricts Pre-Hire Criminal History Inquiries

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The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) recently announced flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. Specifically, employers hiring remote employees who are taking physical proximity precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. If employers are performing inspections remotely (e.g., over video link, fax or email, etc.), they must obtain, inspect, and retain copies of the Section 2 documents within three business day of hire. In addition to completing Section 2, Employers also should enter “COVID-19” in the Additional Information field of the form. A physical inspection of original identity and work authorization documents must take place within three business days after normal operations resume. The date of the physical inspection and who conducted it, should also be recorded in the Additional Information field. Employers who avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee.

Employers should note that this reprieve only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9. For more information on how to complete Form I-9, employers should review the recently updated USCIS Form M274 – Handbook for Employers: Guidance for Completing Form I-9.

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