While the Arizona laws continue to wind their way through the federal court system, other states continue to ponder immigration legislation. Texas and Illinois legislatures both had new bills introduced that would require each state’s employers to use the E-Verify employment eligibility system in addition to federally mandated Form I-9 Employment Eligibility Verification completion. Indiana and Tennessee were added to the list of states considering an “Arizona SB 1070-type” law. However, Colorado’s legislation defeated a bill patterned after SB 1070, reducing the chances any such provision will be enacted in the state. Employers must continue to monitor developments, particularly those relating to E-Verify, to determine when and where the usually voluntary program is mandatory. In the January 2011 issue of the Immigration eAuthority, we reported on two states going in opposite directions on the E-Verify issue. Florida mandated the use of E-Verify by state agencies and also will require companies executing certain state contracts to use E-Verify, while Rhode Island repealed similar requirements that had been implemented by its former governor.
On November 9, 2010, the Equal Employment Opportunity Commission (EEOC) published its final regulations implementing Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). The final regulations are scheduled to take effect on January 10, 2011. Background President George W. Bush signed GINA into law on May 21, 2008. GINA was founded on
In January, New Jersey Governor Chris Christie signed into law two new bills about which New Jersey employers should be aware. One creates an optional state retirement plan marketplace for small businesses, while the other directs the New Jersey Department of Labor and Workforce Development (NJDOL) to create an online information portal to create a webpage dedicated to providing information about family leave rights and benefits.
Reports confirmed to Ogletree Deakins by an official from Immigration and Customs Enforcement (ICE) indicate that an initiative commenced on September 15 will result in over 500 new Notices of Inspection (NOIs) being issued to employers across the country. NOIs inform employers of the initiation of an I-9 audit and typically require employers to be