Mary Pivec

Mary Pivec

FordHarrison

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Fifth Circuit Rejects SOX Whistleblower Claims Not Raised in Administrative Complaint; Adopts Liberal "Reasonable Belief" Pleading...

On July 31, 2015, the Fifth Circuit issued a decision that may have both a positive and negative impact on employers defending whistleblower retaliation claims under the Sarbanes Oxley Act (SOX). In this decision, the court...more

8/12/2015 - Administrative Review Board Antitrust Violations Compliance DOL EEOC Fraudulent Charges OSHA Protected Activity Publicly-Traded Companies Retaliation Sarbanes-Oxley Whistleblowers Wire Fraud

USCIS Issues Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC – But Cautions...

On July 21, 2015, USCIS issued Final Guidance for agency adjudicators regarding applying the precedent decision, Matter of Simeio Solutions, LLC. As we previously reported, Matter of Simeio radically reinterpreted the...more

7/28/2015 - Administrative Procedure Act Compliance DOL Employee Relocations FDNS Filing Requirements H-1B Hiring & Firing Information Technology LCA Temporary Employees USCIS Work Visas

Events Planning Company Fined over $600,000 for Serious I-9 Paperwork Violations

On July 8, 2015, an administrative law judge (ALJ) ordered Hartmann Studios to pay a fine of over $600,000 for more than 800 I-9 paperwork violations, the largest fine awarded by an ALJ for paperwork violations to date. In...more

7/20/2015 - ALJ Class Action Collective Bargaining Compliance E-Verify Entertainment Industry Good Faith I-9 Labor Law Violations OCAHO Penalties Popular Theater Productions Unions W-4 Wage and Hour

U.S. Department of State Announces Two-Thirds of its Consular Posts are Online and Processing Visas

On June 23, 2015, the U.S. Department of State (DOS) updated its alert regarding the technical problems that resulted in world-wide delays in visa processing, announcing that 39 consular posts, representing more than...more

6/25/2015 - Consulate Department of State Visas

U.S. Department of State Experiences another World-Wide Delay in Visa Processing

On June 15, 2015, the U.S. Department of State (DOS) announced that it is experiencing technical problems with its visa system, which have resulted in delays in printing visas and may require rescheduling some visa...more

6/18/2015 - Background Checks Delays Department of State Human Resources Professionals Popular Visas

Resource Update: USCIS Issues Flawed Guidance on Filing Amended H-1B Petitions Post Matter of Simeio

USCIS recently published Guidance purporting to rely on Matter of Simeio Solutions, addressing when employers must file an amended H-1B petition on behalf of H-1B workers who are transferred to a new work location not listed...more

6/12/2015 - Administrative Appeals Foreign Workers H-1B Immigration Procedures LCA USCIS

New Precedent Decision Revoking an Approved H-1B Work Visa Petition Poses Dire Consequences for the Consulting Industry

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more

4/16/2015 - Administrative Appeal Office FDNS Fraud H-1B LCA Popular Prevailing Wages Revocation USCIS Visas

New DHS Rule Extends Eligibility for Work Authorization to H-4 Dependent Spouses of Certain H-1B Workers Starting May 26, 2015

In a historic move, effective May 26, 2015, the Department of Homeland Security ("DHS") will allow, for the first time, H-4 spouses of H-1B workers who are pursuing permanent residence ("green cards") to apply for work...more

3/4/2015 - DHS Employment Authorization Document H-1B H-4 Spouses Spouses USCIS

Can Federal Immigration Law And AB 60 Be Reconciled?

On Jan. 1, 2015, the California Department of Motor Vehicles began accepting applications for the new A.B. 60 driver's license, named after the California legislative enactment that amended the state Vehicle Code to permit...more

2/27/2015 - Conflicts of Laws Driver's Licenses FEHA IRCA Undocumented Immigrants

OCAHO Finds PEO Liable for Near Maximum I-9 Fines for False Employer Attestation Violations: Is Your Business Similarly Exposed?

On January 20, 2015, Judge Ellen Thomas, a federal administrative law judge (ALJ) with the Office of the Chief Administrative Hearing Officer (OCAHO), a division of the Executive Office of Immigration Review within the U.S....more

2/18/2015 - Audits DOJ Employer Liability Issues I-9 ICE OCAHO Sanctions Staffing Agencies

Employers Should Prepare Now for Filing H-1B Visa Applications

This Alert is a reminder to employers of the fast approaching April 1, 2015 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the U.S. ...more

1/22/2015 - Corporate Counsel Foreign Nationals H-1B Human Resources Professionals Immigration Procedures Popular Visa Caps Visas

Heads Up – The ACA Employer Mandate Is Now In Effect: Beware of Actions that Could Result in ACA Whistleblower Liability

Effective January 1, 2015, certain employers became subject to the employer mandate of the Patient Protection and Affordable Care Act (ACA), and thus subject to liability under the ACA Employer Shared Responsibility...more

1/13/2015 - Adverse Employment Action Affordable Care Act Corporate Counsel DOL Employer Group Health Plans Employer Liability Issues Employer Mandates Full-Time Employees OSHA Retaliation Risk Assessment Risk Management Subsidies Tax Credits Whistleblowers

DOL Administrative Review Board Nixes Greedy H-1B Worker's Front Pay Appeal Based on New H-1B Employer Petition Approval

The U.S. Department of Labor (DOL) has just released a final decision and order rendered this past July by the Administrative Review Board (ARB), holding that an H-1B worker's front pay claim against a former employer is cut...more

1/6/2015 - Administrative Hearings Administrative Review Board Barclays DOL Employer Liability Issues Former Employee H-1B Immigration Procedures Lehman Brothers Successor Liability Wage and Hour

Appeals Court Vacates DOL Rule Authorizing Use of Skill-Based Private Wage Surveys in H-2B Temporary Labor Certification...

On December 5, 2014, a panel of the U.S. Court of Appeals for the Third Circuit issued an opinion vacating the Department of Labor (DOL) regulation and related guidance memorandum authorizing DOL, at the request of the...more

12/11/2014 - Advisory Opinions Appeals DOL H-2B Immigration Procedures Wages

How Will Obama's Immigration Actions Impact Employers?

On November 20, 2014, President Barack Obama unveiled expansive executive actions on immigration, which will grant work authorization to millions of undocumented workers. In addition, the executive actions seek to boost the...more

11/25/2014 - Barack Obama DACA DAPA Deportation DHS Executive Orders Green Cards Hiring & Firing Immigration Procedures Immigration Reform Popular STEM USCIS

Brand Protection: The Case for Franchisor Auditing and Enforcement of Franchise Agreement Compliance Clauses

The recent criminal prosecution of several 7-Eleven franchisees, which arose out of a criminal alien employment investigation, as well as efforts by government agencies to treat franchisors and franchisees as joint employers...more

10/6/2014 - 7-Eleven Audits Brand Franchise Agreements Franchises Popular

Is Your Business At Risk For Damages And Civil Money Penalties Based On Violations Stemming From Improper I-9 And E-Verify...

Executive Summary: The Office of Special Counsel for Immigration-Related Discrimination (OSC) within the Civil Rights Division of the U.S. Department of Justice (DOJ) has made it a priority to pursue employers who allegedly...more

5/16/2014 - Citizenship Status Discrimination DOJ E-Verify Employer Liability Issues I-9 USCIS

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