DHS extends Form I-9 requirement flexibility (Effective June 1, 2021): The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.  This temporary guidance was set to expire May 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 requirement flexibilities from June 1 to August 31, 2021.  E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire. Please see E-Verify's COVID-19 webpage for more information.  Source:  USCIS 5/27/21

With more legalization of marijuana, positive tests are rising:  The proportion of U.S. workers who tested positive for marijuana in urine climbed higher in 2020 while the overall share of positive drug tests plateaued last year, according to Quest Diagnostics Inc., one of the largest drug-testing laboratories in the U.S. About 2.7% of the approximately seven million drug tests Quest conducted on behalf of employers came back positive for marijuana—up from 2.5% in 2019 and 2% in 2016. Overall, the percentage of working Americans testing positive for any drug was 4.4%, little changed from 2019, when the rate of positive urine-based drug tests hit its highest level in 16 years. Though federal and state data indicates drug overdoses and abuse have risen during the pandemic, Quest officials say that isn’t captured in their data because many overdose victims likely weren’t subject to workplace drug testing last year. Positive marijuana tests have climbed among American workers as more states have allowed marijuana for medical and recreational use in recent years. 17 states have passed legalization measures, according to the National Conference of State Legislatures.   Source:  Wall Street Journal 5/26/21

Given working conditions, more employees expect to take vacation in 2021:  Many workers are worn out and ready to make up for lost vacation time, new research from Robert Half suggests. More than 4 in 10 professionals surveyed (44%) said they are more burned out on the job today compared to a year ago, up from 34% in a similar 2020 poll. Nearly half of employees experiencing increased fatigue (49%) blame it on a heavier workload.   "After enduring more than a year of long hours and little time off, many workers are feeling burned out and need a break to relax and refresh," said Paul McDonald, senior executive director at Robert Half. "Running on empty can have a negative effect on employees' mental health and well-being, and managers should make it a priority to encourage their teams to enjoy a well-deserved vacation."  Additional survey results include: 1 in 4 said they forfeited paid time off in 2020; 1 in 3 plans to take more than 3 weeks of vacation time this year; 57% are ready for an "away-cation" to travel and completely disconnect from work; in comparison, 32% prefer a “stay-cation;” and only 11% favor a "work-cation" or a vacation that combines work and leisure.  But unplugging could prove difficult for 28% of employees, who admitted they'll be checking in with work frequently when they take time off this summer.  Source:  Robert Half 5/21/21

Hybrid model of work will be the new norm: According to a new McKinsey survey, nine out of 10 organizations will be combining remote and on-site working. This is following the proof that businesses are able to adopt remote working, continue to be productive and see employee satisfaction rise as a result. Prior to the COVID-19 crisis, the majority of organizations required employees to spend most of their time on-site. But as the pandemic eases, executives say that the hybrid model—in which employees work both remotely and in the office—will become far more common. The majority of executives expect that (for all roles that aren’t essential to perform on-site) employees will be on-site between 21% and 80% of the time, or one to four days per week. Although nine out of ten executives envision a hybrid model going forward, most have at best a high-level plan for how to carry it out—and nearly a third of them say that their organizations lack alignment on a high-level vision among the top team. Although another third of organizations have a more detailed vision in place, only one in ten organizations have begun communicating and piloting that vision.  For tips on preparing for a hybrid work model, see this week’s blog by Mary E. Corrado, ASE President & CEO.   Source:  McKinsey 5/25/21

EEO-1 uploads are ready:  The EEOC announced that EEOC-approved data file upload specifications are now available for single-establishment and multi-establishment filers who wish to upload data through the EEO-1 Component 1 Online Filing System for the 2019/2020 data collection.  Single-Establishment Filers: Beginning Wednesday, May 26th, single-establishment filers will be able to submit and certify their data via the upload function in the EEO-1 Component 1 Online Filing System.  Multi-Establishment Filers: Beginning Tuesday, June 1st, multi-establishment filers will be able to submit and certify their data via the upload function in the EEO-1 Component 1 Online Filing System. For more information go to How to Submit (eeocdata.org). 

Do independent contractors need I-9s?  Not if they are appropriately classified as a contractor.  Otherwise, yes.  Misclassification can lead to a host of other problems from overtime to benefit eligibility, including 401K.  Staffing agency temps employed by the staffing agency must complete I-9s as employees of the staffing agency. Contracts with staffing agencies should make clear the staffing agency accepts this obligation.  Source:  Baker Hostetler LLP 6/1/21