24 Mar

March 2021 Federal HR Updates

Posted at

2:13pm

in

E-Verify Adds New myUploads Feature

Update Applicable to:
All employers utilizing E-verify.

What happened?
On March 10, 2021, the United States Citizenship and Immigration Services announced the new myUploads feature to be included in the use of E-verify.

What are the details?
myUploads is a new feature from myE-Verify that helps employees and individuals electronically resolve their E-Verify DHS Tentative Nonconfirmations (TNCs) by uploading images of their documentation as a JPEG, PNG, or PDF through a computer or smart device. This new free feature may help expedite employment eligibility confirmation and resolve TNCs. In the case of an E-Verify TNC, the E-Verify employer must privately notify the employee and provide a Further Action Notice (FAN) to help the employee understand the TNC process. The FAN will include information on how to use myUploads. Employees are required to contact DHS after uploading their documents, and E-Verify employers are still required to process and close DHS TNC cases within E-Verify’s timelines. 

myUploads requires users to have a myE-Verify account and to successfully pass a two-factor identity assurance process. Those logging into myE-Verify for the first time since April 28, 2019, must access myE-Verify with their USCIS online account. Fax is still available.

myUploads is a free service available to all users, however, employers may not require employees to use myUploads, myE-Verify or Self Check to resolve a TNC or to precheck their employment authorization.

What do employers need to do?
No action required. The use of myUploads is optional.

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The Department of Labor Establishes New Whistleblower Protocols

Update Applicable to:
All employers.

What happened?
On February 19, 2021, the U.S. Department of Labor announced that the Occupational Safety and Health Administration (OSHA) will oversee worker retaliation complaints filed under the Criminal Antitrust Anti-Retaliation Act (CAARA) and the Anti-Money Laundering Act (AMLA).

What are the details?
The CAARA, signed into law on December 23, 2020, prohibits employers from taking adverse employment action against covered individuals who report criminal antitrust violations to their employer or the federal government, or who participate in a federal governmental criminal antitrust investigation or proceeding.

The AMLA, enacted on January 1, 2021, as part of the National Defense Authorization Act, is the most expansive anti-money laundering statute since the USA Patriot Act of 2001. The statute bars employers from retaliating against employees who report money laundering and Bank Secrecy Act (BSA) violations to their employer or the federal government, or who participate in a Treasury Department or Justice Department investigation or proceeding based upon the information.

In addition to announcing that probes of whistleblower complaints under CAARA and the AMLA will fall under OSHA’s purview, the DOL advised that OSHA will process such complaints using the procedures outlined in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21)3 until the Agency issues interim final rules. AIR21 was enacted to protect employees who provide information relating to air carrier safety violations. Like the more than 20 other statutes whose whistleblower provisions are administered by OSHA, AIR21 has well-established complaint reporting and investigative mechanisms.

Applying the AIR21 framework to CAARA and AMLA whistleblower claims, employees who believe they were discharged or otherwise discriminated against for reporting a violation of either law may file a complaint with the secretary of labor within 90 days after the date on which the violation occurs.

Further reading can be found in this article.

What do employers need to do?
Employers should be aware of the changes to whistleblower-related laws to prevent violations. 

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