Richmond, CA Takes "Ban-the-Box" A Step Further

Richmond, California added Chapter 2.65 to the Municipal Code entitled “Ban the Box” on July 30, 2013. Unlike other cities, Richmond is requiring that no employer can make inquiries into past criminal convictions at any point during the hiring process. While it does not prevent employers from doing background checks, it does prevent them from using criminal records to exclude ex-cons from their list of prospective employees

Below is a map of all the states who have adopted “Ban the Box” in some way.



Unlike, Richmond, CA, the laws in other cities mainly ban the inclusion of the checkbox for past convictions on the job application exclusively. Employers are not restricted from asking potential employees about their criminal background during the interview process.  Richmond, a city inundated with high crime and high unemployment, has taken this law a step further. Employers must refrain from discriminating against people with criminal records.

There are some exclusions from the new ordinance, of course. Jobs with children, seniors, and other “sensitive” jobs are special cases that are not included in the ordinance.

Richmond City Councilwoman, Jovanka Beckles, believes that it levels the playing field for all races. Beckles was one of the six people who approved the ordinance in a 6-1 vote in favor of the law. Those who voted in favor of the law believe that it gives ex-convicts a fair chance to have a place in our workforce, instead of turning back to crime.

The lone councilman opposed to the ordinance, Tom Butt, told a local newspaper, “It will be a nightmare to enforce and will discourage business and investment in Richmond.”

You can read city ordinance 14-13 N.S. here.


Thoughts? Good? Bad? Will this become a trend in places with high crime and unemployment?

The New Form I-9 Is Here!

The New Form I-9 Is Here

May 6,  2013

Executive Summary:  After a lengthy delay and extensive comment period, U.S. Citizenship and Immigration Services (USCIS) released today a revised Form I-9 (Rev. 03/08/13 N). Employers may download the new form by visiting the USCIS web site at:  http://www.uscis.gov/files/form/i-9.pdf.    The government has made several significant changes to the Form I-9, which must be used by all employers to verify the identity and employment eligibility of new hires to confirm they are authorized to work in the United States.  Although prior versions of the Form I-9 will remain valid for use until May 7, 2013, we encourage employers to begin using the revised form immediately.

Key Changes in The New Form 

USCIS highlighted three key changes to the Form I-9 that it said are designed to minimize errors in completing the form.  They are:

1. Addition of new data fields.  The revised Form I-9 debuts new fields for collecting data on the individual's foreign passport (if applicable), telephone number, and e-mail address.  During the notice and comment period for the proposed form, employers voiced concern over the addition of the latter two fields.  The Instructions to the Form I-9 now indicate that employees may voluntarily provide a telephone number and e-mail address in Section 1; however, if employees choose not to provide this information, they may write "N/A" instead. The Instructions also contain a vague (and somewhat ominous) explanation that DHS may contact the individual if there is a mismatch between government records and the information the individual provided.  
2. Revisions to the layout of the form.  The length of the Form I-9 itself has increased from one page to two pages to accommodate the new fields, a larger font size, and a layout that is intended to be easier to read.  Section 1: Employee Information and Attestation takes up the entire first page, while Section 2: Employer Review and Verification and Section 3: Reverification and Rehires are both on page two.  The List of Acceptable Documents now includes clarifying language as to the types of documents that may be accepted for I-9 purposes, including language on restricted Social Security cards. 
3. Improvement in the form's instructions.  USCIS has improved some of the language in the Instructions to the Form I-9 as well.  For instance, the new Instructions include more definitive statements on the required timing for completing the Form I-9 and the employee's presentation of acceptable documents.  The format of the Instructions has also improved the overall readability of the form, but the number of pages has doubled from prior versions (from three pages to six pages of Instructions).  Additionally, USCIS indicates that it is in the process of updating "The Handbook for Employers" (M-274) “ a useful guide for employers on completing the Form I-9" to comport with the revised Form I-9 and that an updated version of the Handbook will be released soon.

What Employers Should Do Now

All employers should understand the impact of the changes and become familiar with the new Form I-9.  While employers generally are encouraged to begin using the new Form I-9 right away, USCIS has heeded pleas for a transition period from employers for whom immediate use of the form would not be possible.  Such employers include those that will need to update their internal business processes and train staff, as well as users of electronic I-9 systems that will have to be modified to conform to the new form's content and design changes.  Employers have sixty days before they must begin using the 03/08/13 version of the Form I-9 exclusively.  Prior versions of the Forms dated 02/02/09 and 08/07/09 will be accepted until May 7, 2013.

Please note that use of the revised Form I-9 is prospective – that is for new hires moving forward from today.  Employers do not need to "re-do" the Form I-9s for existing employees already completed and on file.  Excessive or unnecessary verification of existing employees may bring an employer under Department of Justice scrutiny for a violation of antidiscrimination provisions of the Immigration and Nationality Act.

What To Look Out For In The Future


The release of the new Form I-9 comes amidst growing political discourse over comprehensive immigration reform, a potential federal mandate that would require use of the electronic E-Verify system by more employers, and reported changes by U.S. Customs and Border Protection to convert to paperless I-94 Cards, which would eliminate a document commonly presented by employment-authorized temporary workers in the I-9 process. S2Verify will continue to monitor these developments and the potential implications for our customers.

Large National Retailer Settles Class Action for $3 Million

A large retailer reached a settlement for $3 million dollars over allegations that it violated the Fair Credit Reporting Act (FCRA).  The allegation stated that the large retailer failed to notify over 64,500 applicants and give them  due process to dispute the accuracy of the information contained in the Consumer Report.

The FCRA clearly states that you must notify an applicant if a "Consumer Report" contains derogatory information about the applicant and give them time to dispute or correct the information prior to making a final determination on their employment.   It further states that you must give the applicant the contact information of the Credit Reporting Agency (CRA).  This process is defined as pre-adverse action.

It is alleged that the large retailer bypassed this step in the process and simply notified the applicants of the adverse action or their potential denial of employment.

As a reminder to employers, you are obligated to follow the Fair Credit Reporting Act (FCRA) as well as state laws.

The obligation for the employer under the FCRA:

1) Provide the applicant with a separate "Disclosure and Consent" form.
2) Ensure that your consent covers any additional State Laws if they applicant is located in that state.
3) Give the applicant access to the "Summary of Rights" that was updated as of January 1, 2013.
4) If their "Consumer Report" contains derogatory information that will affect their employment, notify the applicant with pre-adverse action and let them know what Credit Reporting Agency to contact to clear up any information that is inaccurate. 
5) If the information is accurate and you determine that the applicant is not suited for a specific job, then notify the applicant of adverse action and again give the applicant the name of the CRA and another copy of the "Summary of Rights."

For more information regarding the employers responsibility, please refer to the Fair Credit Reporting Act.