Temporary Form I-9 Remote Flexibility Policy Ending

The Department of Homeland Security’s temporary policy, which allowed employers to remotely verify Form I-9 supporting documents for employment eligibility, will be ending on July 31, 2023. All Form I-9 supporting documents that were verified virtually since March 2020 under the temporary policy will have to be physically inspected before August 30, 2023.

Additionally, all Form I-9 supporting document inspection after July 31 must occur in-person. As was the case before March 2020, employers will have to either plan for remote employees to begin work in person or utilize a service as the employer’s authorized representative, so that documents can be physically inspected.

HHS COVID-19 Public Health Emergency Ends

The Public Health Emergency (PHE) issued by the US Department of Health and Human Services (HHS) due to the COVID-19 pandemic has ended as of May 11, 2023. HHS noted that even with the PHE, individuals will still be able to access COVID-19 vaccines at no cost.

The Equal Employment Opportunity Commission (EEOC) has updated their COVID-19 technical assistance to address considerations for employers’ continued obligation to provide accommodations for some “high risk” employees with disabilities.

Employers should be aware that health insurance providers may no longer be required to waive costs for COVID-19 tests. We encourage employers to have employees utilize Health Advocate to help them navigate medical coverage and benefits due to the ending of the PHE.

Employers should be aware that certain COVID-19 requirements, like those related to sick leave, vaccination leave, infectious disease safety policies, may remain in effect in some states and localities, and are encouraged to review their current policies and procedures to see if they need to be revised to meet state or local compliance requirements.

Federal DOL Releases Updated Labor Posters

The US Department of Labor (DOL) published updated posters covering the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). Among other updates, the FLSA poster updates cover new lactation accommodation obligations and the FMLA poster has been redesigned to include language about how a qualified covered employer is defined under the law.

Customers who subscribe to Justworks’ poster service will receive a copy of this posting for all office locations and an electronic version will be made available to their remote workers.

EEOC Guidance on Artificial Intelligence and Employment Selection

The Equal Employment Opportunity Commission (EEOC) issued a technical assistance document on employers’ use of artificial intelligence (AI)-driven tools in recruiting and selecting applicants and employees. Employers are encouraged to review this document and conduct ongoing evaluations to determine whether their use of AI tools is being used in a way that could result in unintentional discrimination. Employers should also modify their process and procedures, as appropriate, to meet compliance requirements.