HR POLICY BRIEFING – 8/3/2021

SHRM Leads I-9 Modernization Efforts

The results of SHRM’s I-9 Modernization Survey were released last week along with duplicate letters to the U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE) with policy recommendations for modernizing the Form I-9. 

After compiling the responses of over 1,350 SHRM members, the survey found:

  • 4 in 5 respondents consider the Form I-9 process, E-Verify or both burdensome for employers.
  • Most employers surveyed (95 percent) indicated that they operated either partially (58 percent) or fully remotely (37 percent) at some point during the pandemic.
  • More than 7 in 10 of the employers surveyed said it would be challenging to obtain, inspect and retain copies of documents collected during the remote-work period over three business days.
  • Nearly 2 in 3 (65 percent) said a single, combined E-Verify and Form I-9 would enhance employer compliance with employment authorization rules.

These results show the new workplace demands greater flexibility in the review of employee identity and employment authorization documents. SHRM is leading the effort to implement the policies needed for a single electronic verification system that balances security with efficiency.

SHRM’s letter, policy recommendations and survey results are available online.

SHRM Joins National Governors Association’s Workforce Innovation Network

The National Governors Association (NGA) announced last week that SHRM joined the NGA’s Workforce Innovation Network (NGA WIN) as an advisory partner.

NGA WIN is a nonpartisan collaboration of state leaders dedicated to building an equitable and strong workforce in the post-pandemic economy.

NGA’s focus aligns with SHRM’s workforce development policy pillar.

As an advisory partner, SHRM will assist NGA WIN in efforts to expand access to essential support services, connect job seekers to employment in a timely manner, advance digital access and skill development, and enhance job quality. 

SHRM Chief of Staff Speaks on Vaccine Confidence

Emily M. Dickens, SHRM’s chief of staff, head of government affairs and corporate secretary, will discuss COVID-19 vaccines and the workplace during a webinar hosted by Business Partners to CONVINCE (BP2C) on Aug. 4 at 9 a.m. ET.

Dickens serves on the BP2C Steering Team and Business Advisory Council.

The webinar, titled “Building Employee Vaccine Confidence and the Impact on Employers,” will explore the challenges and opportunities employers and HR professionals face in supporting employees during a safe return to the workplace.

Register today for the Aug. 4 event.

SHRM Confirms Labor, NLRB, Immigration Nominees

On July 13, the U.S. Senate confirmed Julie Su as deputy secretary of the Department of Labor by a party-line vote of 50-47. In this role, Su will oversee the DOL workforce and budget and execute the priorities of Secretary Marty Walsh.

Prior to being confirmed, she served as secretary of the California Labor and Workforce Development Agency and as California labor commissioner. For nearly three decades, Su has been representing workers’ rights and enforcing labor laws. During her tenure in California, she launched a statewide campaign, “Wage Theft is a Crime,” and led California’s Future of Work Commission. Su is expected to continue to champion labor rights at the federal level.

On July 29, Gwynne Wilcox and David Prouty were confirmed by the Senate to serve as board members on the National Labor Relations Board (NLRB). Democrats will have control of the five-seat labor board once William J. Emmanuel’s term ends in August. Wilcox and Prouty are union lawyers, with Prouty recently serving as general counsel at the Service Employees International Union (SEIU) and Wilcox as a partner at Levy Ratner, P.C., a labor and employment law firm, and associate general counsel for 1199SEIU United Healthcare Workers East, the largest health care union in the country.

On July 30, the Senate voted to confirm Ur Jaddou, President Biden’s nomination for director of the U.S. Citizenship and Immigration Services (USCIS) at the U.S. Department of Homeland Security (DHS). Jaddou will serve as the first woman to lead USCIS, the agency responsible for administering the country’s naturalization and immigration system. Jaddou served as USCIS chief counsel during the Obama administration. Her expertise is in business immigration, and she currently serves as an adjunct professor at American University’s Washington College of Law, where she teaches an advanced course on business immigration law. Jaddou’s knowledge and expertise will complement the leadership at DHS, as she understands the issues and needs of the workplace immigration community, especially those related to administrative burdens on HR professionals.

SHRM has assembled charts showing key appointments impacting workforce development, workplace immigration and health care, and labor relations.

Long COVID-19 Qualifies as a Disability Under ADA

On July 26, the 31st anniversary of the Americans with Disabilities Act (ADA), the U.S. Department of Health and Human Services and the Department of Justice jointly published a guidance document on long COVID-19 as a disability under the ADA.

The guidance provides clarity on how nondiscrimination laws apply to people who may be newly covered because of the impact of a COVID-19 infection. 

The document discusses when long COVID-19 may be considered a disability under the ADA, Section 504 and Section 1557, and shares examples and other resources.

DOL Rescinds 2020 Joint Employer Rule

The U.S. Department of Labor (DOL) rescinded the joint employer status under the Fair Labor Standards Act (FLSA) rule last week after a federal judge barred it from taking effect because its definition of employment was too narrow.

DOL’s Wage and Hour Division said rescinding the rule from March 2020 will ensure more workers receive minimum wage and overtime protections under the FLSA, which protects employees who perform the same work for two employers.

Critics of the 2020 rule said it made it more difficult to hold companies liable as joint employers.

The rescission takes effect on Sept. 28, 2021.

SHRM’s August In-District Advocacy Initiative Is Here!

SHRM affiliates across the country are meeting with policymakers to tell them how HR professionals are facing the latest workplace challenges, adjusting business practices and providing innovative solutions for the world of work.

SHRM Government Affairs is equipping you with the tools and resources you need to schedule a successful meeting, event or site visit with a member of Congress.

Here’s how your SHRM affiliate can participate:

For more information, e-mail [email protected] or call 703-535-6099.

SHRM Government Affairs wants to showcase your advocacy experiences and how you are championing change to advance smart workplace policies. Complete this short survey.

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Policy, Not Politics Apparel and Accessories Available at SHRMStore

SHRM has an unwavering commitment to focus on policy, not politics. We believe in our ability to find consensus when we bring all sides to the table for critical discussions of issues impacting work, workers and workplaces.

Together, we are championing policies that will help organizations and people thrive to create better workplaces and a better world.

Showcase your commitment to Policy, Not Politics, with a brand-new line of apparel and merchandise available for order at the SHRMStore. Get FREE SHIPPING on apparel and accessories when you shop at the SHRMStore through May 31.

Advancing Workplace Issues in 2021

SHRM is proud to be working with several organizations to highlight workplace issues in 2021. They include Fratelli Group, NAICU, Palladian Hill Strategies, Seyfarth Shaw LLP and Viatris.

As the Voice of All Things Work, SHRM pursues nonpartisan public policy to promote flexible, inclusive and equitable workplaces that help business thrive as talent is tapped, trained and empowered to reach its full potential. Policy not politics.


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