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28 Dec

December Federal HR Updates

Posted at

5:21pm

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“Ban the Box Act” for Federal Contractor Has Taken Effect

Update Applicable to:
All employers with federal contractors.

What happened?
The federal Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act), also known as the “Ban the Box” Act, officially took effect on December 20, 2021.

What are the details?
Effective December 20, 2021, The Fair Chance act bans civilian and defense executive agencies from either awarding federal contracts or releasing payment to a contractor who violates the statutory requirements. Specifically, as a condition of either contract award or receiving payment on a contract, government contractors may not request a job applicant to disclose their criminal history information before the contractor’s extending a conditional offer of employment. This restriction applies to criminal background requests made either verbally or in writing.

Exceptions to the act include considering the criminal history record is required by law; the employee will have access to classified information, or the employee will perform sensitive law enforcement or national security duties.

For more information, please see the links below:

Fair Chance to Compete for Jobs Act of 2019

Article 1Article 2

What do employers need to do?
Employers should review the links provided above and review their hiring policies and applications requirements, making necessary changes to comply with the new law.


ICE Announces Extension to I-9 Compliance Flexibility

Update Applicable to:
All employers.

What happened?
In our previous communication, we informed you about an extension to the I-9 compliance flexibility. This is an update on that law.

What are the details?
U.S. Immigration and Customs Enforcement (ICE) announced on December 15, 2021, an extension of the flexibilities in rules related to Form I-9 compliance that was initially granted last year. Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will extend this policy until April 30, 2022.

ICE has announced that this flexibility will apply to employees hired on or after April 1, 2021, who work exclusively in a remote setting due to the ongoing COVID-19 pandemic and related precautions.

For more information, please see the links below:

ICE Announcement

Vensure Previous Update

Article 1Article 2

What do employers need to do?
Employers should be aware of the extension to the I-9 flexibility rules to continue to process their I-9s with the guidance provided by ICE.

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