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EEOC Is Making Good On Its Promise To Persecute Genetic Discrimination

The Equal Employment Opportunity Commission (EEOC) has reached a settlement in its first lawsuit filed alleging that an employer violated the Genetic Information Nondiscrimination Act (GINA), the federal law that prohibits...more

5/17/2013 - Discrimination EEOC GINA Strategic Enforcement Plan

New Process For Form I-94

US Customs and Border Protection (CBP) has started automating the Form I-94 process for travelers applying for admission to the US at air and sea ports of entry - not for those individuals who are entering the US at land...more

5/9/2013 - Customs and Border Protection I-94 Cards

H-1B Visa Cap For FY 2014 Has Been Reached!

Employers seeking to hire individuals on an H-1B visa will have to wait until next April to file a petition. In just five days the US Citizenship and Immigration Services (USCIS) received enough H-1B visa petitions to reach...more

4/17/2013 - H1-B USCIS Visa Caps Visas

Employers May Begin To File Applications For H-1B Visas Starting April 1

The government will begin accepting applications for H-1B visa applications for the 2014 fiscal year on April 1. H-1B visas are used for individuals with a specialty occupation position, which is defined as a job that...more

3/6/2013 - H-1B Immigration Innovation Act of 2013 Visas

Ignorance Is Not An Excuse For Form I-9 Noncompliance

An employer's ignorance of the Form I-9 verification process is not a valid excuse for noncompliance. However, certain factors can help mitigate the penalties. In the matter of United States of America v. La Hacienda Mexican...more

2/13/2013 - I-9 ICE Immigration and Nationality Act Verification Requirements

Third Parties Don't Absolve Employers From ADA Obligations

Employers in the 6th Circuit (Michigan, Ohio, Kentucky and Tennessee) should carefully consider the advice and opinions of third parties on whether an applicant can perform a job before withdrawing a conditional job offer, as...more

2/8/2013 - ADA Conditional Job Offers Disability Disability Discrimination Discrimination Keith v County of Oakland Lifeguards Reasonable Accommodation Third-Party

Illinois And Michigan Provide Driving Privileges For Illegal Immigrants

Last week Illinois joined Washington, New Mexico and Utah to become the fourth state to enact a law that allows illegal immigrants to obtain driver's licenses. Soon after, Michigan followed suit with a new policy allowing...more

2/7/2013 - DACA Driver's Licenses Undocumented Immigrants USCIS

More Immigration Reform: Immigration Innovation Act Introduced

On January 29, two days after the bipartisan proposal for comprehensive immigration reform, the Immigration Innovation Act of 2013 (Act) was introduced into Congress by another bipartisan group of senators....more

1/31/2013 - H-1B Immigration Innovation Act of 2013 Immigration Reform Visas

New Framework Marks Big Step Towards Immigration Reform

Just one week after President Barack Obama's second inaugural address wherein he declared his views on immigration, a bipartisan group of eight senators on January 27 agreed on a proposed framework for comprehensive...more

1/31/2013 - Immigration Reform

USCIS Releases New DACA Frequently Asked Questions

On January 18, 2013, the US Citizenship and Immigration Services (USCIS) updated its frequently asked questions (FAQs) regarding the Deferred Action Childhood Arrivals (DACA) program....more

1/24/2013 - Deferred Action USCIS

Proposed Maryland Bill Invalidates Noncompetes Against The Unemployed

On January 9, 2013, the Maryland Senate introduced Senate Bill 51, which would make a noncompete agreement between an individual and his or her former employer unenforceable when that individual is unemployed and has applied...more

1/18/2013 - Non-Compete Agreements

Confidentiality and Nondisparagement Clauses in Employment Agreements Must Not Chill NLRA Rights

It appears as if the National Labor Relations Board's (NLRB's) Administrative Law Judges (ALJs) have gotten into the habit of frequently questioning whether employment agreement provisions comply with Section 7 of the...more

1/15/2013 - Confidentiality Agreements NLRA NLRB Protected Activity Protected Concerted Activity Section 7

Agreement Reached On Oklahoma Illegal Immigration Law

On December 19, 2012, a challenge to portions of the Oklahoma Taxpayer and Citizen Protection Act of 2007 (HB 1804) was finally settled. As a result, Oklahoma public employers must continue to use E-Verify to verify the...more

1/5/2013 - E-Verify Hiring & Firing Injunctions Preemption Public Employers Subcontractors

Employment Agreements Under Fire: NLRB Continues To Act In The Name Of Protected Activity

In an advice memorandum, the Office of the General Counsel of the National Labor Relations Board (NLRB) demonstrated that it continues to consider the issue of protected concerted activity to be at the forefront and that it...more

12/19/2012 - Employment Contract Moonlighting NLRB Non-Compete Agreements Protected Concerted Activity Section 7

Trio Of New E-Verify Laws To Ring In The New Year

Three more mandatory E-Verify measures will take effect on January 1, 2013 in North Carolina, Tennessee and Pennsylvania respectively. E-Verify is a web-based system employers can use to determine the employment eligibility...more

12/19/2012 - E-Verify

Worksite Fines for Form I-9 Violations Increased in FY 2012

As a result of investigations and audits conducted by the United States Immigration and Customs Enforcement's (ICE) Department of Homeland Security Investigations (HSI), several Massachusetts employers were fined a total of...more

11/28/2012 - I-9 ICE

USCIS Releases Fact Sheet Providing Form I-9 Guidance to Employers on Deferred Action Recipients

United States Citizenship and Immigration Services (USCIS) recently released much anticipated guidance for employers on how to comply with the Form I-9 process for deferred action recipients, which are individuals who were...more

11/28/2012 - Deferred Action I-9 USCIS

It's No Game When Protecting Trade Secrets

This past October, Zynga, Inc. (Zynga) filed a complaint against a former employee, Alan Patmore, for misappropriation of trade secrets and breach of written contract. Zynga, Inc. v. Patmore, Docket No.: CGC-12-525099. Zynga...more

11/21/2012 - Kixeye Non-Disclosure Agreement Trade Secrets Zynga

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