Workplace Compliance News & Resources

Who: All employers

When: Effective immediately

U.S. Citizenship and Immigration Services (USCIS) has released E-Verify+, which is a voluntary employee verification process that allows employees to complete the Form I-9 through E-verify. The intent is to streamline the process and relieve some of the burden on employers by combining the Form I-9 and employment verification into one seamless digital process.

E-Verify+ is a voluntary program, and employers must be enrolled in E-Verify and invited by USCIS to participate. Once enrolled in E-Verify+, an employer creates a new case in E-Verify for each employee who has accepted a job offer. The system emails the employee a link to a page where they can complete the Form I-9. They immediately receive notification of “Employment Authorized” or “Tentative Non-confirmation.” In the latter case, they receive instructions on how to resolve it. Once the decision is final, both employee and employer are notified.

As compared to E-Verify, E-Verify+ makes the employment verification process easier and faster for employees and employers because there are fewer data entry errors and instant. The overall benefits of E-Verify+ are 1) It’s easy to use and is free, 2) Provides peace of mind that the employees hired are legally authorized to work in the US, 3) Fast results, and 4) Helps with identity theft.

How:

• Consult with legal counsel to determine if E-Verify+ is right for your organization.

Additional Resources:

E-Verify+

What’s Inside E-Verify+?

E-Verify+ Information Sheet for Employers

Who: All employers

When: Effective immediately

On September 24, 2024, the Partnership on Employment & Accessible Technology (PEAT) published the “AI & Inclusive Hiring Framework” to help employers understand how to responsibly implement AI systems in the workplace. PEAT is funded by the U.S. Department of Labor (DOL) Office of Disability Employment Policy. The AI Framework consists of 10 focus areas:

1. Identify legal requirements;
2. Establish staff roles;
3. Inventory technology;
4. Work with vendors;
5. Assess the impact of AI systems;
6. Provide accommodations;
7. Use explainable AI;
8. Implement human oversight;
9. Manage incidents; and
10. Monitor regularly.

The intention of the AI Framework is to reduce the risks of creating unintentional forms of discrimination and barriers to accessibility as employers implement AI hiring tools.

On October 16, 2024, the DOL released an updated guidebook for employers titled “Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers.” The document restates and expands upon eight principles that employers can follow to avoid discriminatory or unfair treatment of employees and advises what employers should and should not do to adequately safeguard automated systems. The eight principles are:

1. Inform workers about the use of AI tools and get their input on the design and use of those tools.
2. Design AI systems in a way that protects workers.
3. Establish clear evaluation and governance processes for AI, including human oversight.
4. Be transparent with workers and applicants about the use of AI.
5. AI systems should protect labor and employment rights.
6. AI systems should assist and enable workers and improve job quality.
7. Support and upskill workers during job transitions related to AI.
8. Limit the worker data collected by AI and protect that data.

The DOL published the resource in response to President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, wherein the White House directed the DOL to create principles and best practices for developers and employers that would help them avoid discriminatory practices based on the use of AI in the workplace.

The DOL published a new corresponding web page as well. The guidance does not have the force of the law, but employers should follow the practices to prove compliance and build a solid defense in case an employee files a complaint against them.

How:

• Review the new and updated guidance.
• Audit your use of AI to determine how it impacts your employees and hiring practices.
• Monitor for the release of additional guidance.
• Consult with legal counsel regarding the implementation of AI policies or platforms.

Additional Resources:

FACT SHEET: President Biden Issues Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence

Artificial Intelligence and Worker Well-Being: Principles and Best Practices For Developers And Employers (Website)

Artificial Intelligence and Worker Well-Being: Principles and Best Practices For Developers And Employers (Guide)

PEAT AI & Inclusive Hiring Framework

Blueprint for an AI Bill of Rights