Employment Verification

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In order to comply with illegal working rules, all employers must check that their employees have the legal right to work for them in the UK.  If it later transpires the employee does not possess the requisite immigration permission, failure to have carried out a right to work (“RTW”) check, may lead to an employer being charged with a civil or criminal penalty depending on the circumstances.

On 21 April, the Home Office announced that the Covid-19 adjustment to the RTW would come to an end on 17 May 2021.  The end of the adjustment means that employers would once again have to see an individual’s original documents to comply with the RTW requirements.  We discussed this change in our article:  UK Right to Work Checks: Sunset of the Covid-19 Concession and Brexit Impact | The Mobile Workforce

The Home Office have announced today that the Covid-19 adjustment will now continue to 20 June.  This will assist a number of employers with employees who are continuing to work from home in line with current government guidance.Continue Reading Ending of Covid-19 Adjustment to UK Right to Work Checks Postponed

Effective April 1, 2021, the US Department of Homeland Security (DHS) has again extended its remote I-9 verification policy that defers the physical presence requirements of the employment verification process.  Under a policy first introduced on March 20, 2020, the requirement that employers inspect employees’ Form I-9 identity and employment eligibility documentation in-person applies only…

Mayer Brown counsel Lisa Pino was quoted in an article featured in The California Lawyer Daily Journal discussing the uptick in Immigration and Customs Enforcement (“ICE”) worksite investigations, which have doubled since October 2017.  This increase aligns with the Trump Administration’s immigration policy priorities, published in late 2017, to hire 10,000 more ICE officers…