What We're Watching | Week of August 22, 2022

What We're Watching, a weekly summary from the team at Boss Consulting HR, to highlight the ever-moving parts that is Human Resources.

Federal Updates

Is a Remote Employee Onboarding Process Possible?

Proposed Changes to I-9 Review May Soon Make It So.

On August 18th, ICE (Immigration and Customs Enforcement) issued a new proposed rule that may make way for a change to the entire employee onboarding process. The pandemic brought about new ways to complete many vital business functions. This was done out of pure necessity at the time. But now, many employers are advocating for these remote, and more streamlined, functions to become permanent.

One such change was allowing virtual reviews of Form I-9 to verify employment eligibility. The Department of Homeland Security temporarily did away with the in-person inspection requirement. This flexibility has been well-received and is currently running through the end of October of this year.

It is important to note that this proposed rule, if it were to take effect, is just the first step. The rule would not create new flexibilities or make existing flexibilities permanent. Instead, it would create the authority to allow the government to put forth alternative procedures.

Technology has brought us to the point where these streamlined functions are possible. This week, we ask you what you prefer. Has the virtual I-9 review helped or hurt your onboarding process?

To learn more, read the full article from SHRM here.

Connecticut Updates

State Law Decides — Connecticut Free Speech Rights & Disciplinary Action Under Them

Can you take disciplinary action against an employee for social media use? Turns out, the answer hinges on each individual state. And whether it grants free speech rights to employees.

Connecticut, here’s your answer:

First Amendment free speech rights only apply to government action. It is up to the states to decide whether to enact free speech protections in the private sector. Connecticut is one such state that has granted these employee protections.

So what does that mean for you if an employee's social media actions are affecting your workplace? It’s a gray area.

To date, there have not been any private sector cases that address employee rights when it comes to social media activity. But, one such case suggests certain social media actions would constitute protections under the free speech law.

If you come up against this problem within your own workplace, it is highly suggested that you consult with legal counsel before taking any disciplinary action against an employee.

For more information on the specifics of what is, and is not, covered within Connecticut’s
free speech rights, read more from Lexology here.