By Pooja Patel and Anthony Zaller
July was a busy month for California employment law issues. The issue that dominated the news in July was the California Supreme Court’s ruling in Adolph v. Uber Technologies, LLC holding that employers cannot implement arbitration agreements with employees that waive the employee’s ability to bring claims on behalf of other employees, effectively overruling the U.S. Supreme Court’s Viking decision issued last summer. While this was a significant development that California employers need to assess, there are a number of other new developments that occurred in July. Here is a roundup of the other key issues impacting employers:
1. New I-9 Form and changes to verification process – November 1, 2023 deadline to implement.
On July 21, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that it will release a new I-9 form on August 1, 2023. Employers may use the current I-9 form through October 31, 2023. Beginning November 1, 2023, Employers will be required to use the new I-9 form. While the new form has not been published yet, it appears to streamline and simplify the process. The changes include a checkbox for employers to check if they examined the I-9 documentation remotely, instead of by physical examination.
The Department of Homeland Security (DHS) has also ended the temporary COVID-19 rule that allowed for flexibility for in-person examination of the I-9 documentation. Moving forward, only employers who participate...
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