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Undocumented Worker Case Before California Supreme Court

The California Supreme Court has decided to hear a case that could impact the ability of undocumented workers to collect back wages or sue employers for discrimination in California, and may prove instructive in other courts...more

California Supreme Court to Tackle Labor and Insurance Issues

The California Supreme Court has five civil cases scheduled for its April calendar, each addressing important questions of labor and insurance law. ...more

Eleventh Circuit Affirms Dismissal of RICO Claims

Is there a statute with a better acronym than RICO? The Racketeer Influenced and Corrupt Organizations Act, apart from its great acronym, has been both a great success and a tool for misuse. We don’t often see RICO...more

Employment Flash - February 2014

In This Issue: - US Supreme Court Rules on Donning and Doffing Issue - NLRB Judge Invalidates Arbitration Agreement Without Class Action Waiver - Second Circuit Rules on Single Employer Liability Under the WARN...more

For H-1B Employers: How Even a Single Employee’s H-1B Complaint Could Incite a Comprehensive DOL Investigation of Your H-1B...

In Greater Missouri Medical Pro-Care Providers, Inc., ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), a divided U.S. Department of Labor (“DOL”) Administrative Review Board (the “Board”) partially reversed the decision...more

Requests for Evidence

8 CFR § 103.2(b)(8) - Evidence of eligibility or ineligibility. If the evidence submitted with the benefit request establishes eligibility, USCIS will approve the benefit request, except that in any case in which the...more

Business Immigration Ethics

In This Presentation: Issues: - Who is the client(s)? - Which rules apply? – It depends on who files the grievance. - What are the attorney’s ethical obligations? - What is the “public interest”? -...more

BIA Holds Pending Application for H-1B Extension Does Not Confer Lawful Status

On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

Class Action Litigation Concerning USCIS Procedure for Issuing Work Permits to Asylum Applicants Brought to a Close

On November 4, 2013, the United States District Court for the Western District of Washington granted final approval of the revised ABT Settlement Agreement, bringing to a close class action litigation that began in December...more

OCAHO Holds That Backdating Alone Is Not Evidence of a Lack of Good Faith

The Office of the Chief Administrative Hearing Officer (OCAHO) has jurisdiction to review penalties imposed by the U.S. Immigration and Customs Enforcement (ICE) for I-9 compliance violations. In calculating the amount of...more

Holding the DOL Accountable in PERM Labor Certification Adjudications

We applaud Microsoft Corporation and the numerous parties, including the American Immigration Council and the Chamber of Commerce, who filed amicus briefs last week in a consolidated Board of Alien Labor Certification (BALCA)...more

Foreign National Physician Sues Former Employer Provider Alleging Forced Labor Violations

A lawsuit brought by a foreign national doctor earning a six-figure income against the physician owner of his former employer alleging violations of a federal forced labor statute is being allowed to go forward, with the...more

CIS Legal Update - September 2013: Notable Developments in Russian Employment Law

Significant New Amendments to the Russian Labor Code - During the first half of 2013, a number of amendments were introduced into the Russian Labor Code. These amendments relate to remote employment, production...more

A Welcome AAO Decision on the L-1A Manager Visa Category

Those who closely follow the world of U.S. immigration adjudication trends are painfully aware of the hostile attitude exhibited both by U.S. Citizenship and Immigration Services (USCIS) adjudicators and consular officials at...more

Be Careful What You Wish For…

By now, most of our readers are familiar with the Supreme Court’s decision eliminating the Federal government’s ability to define marriage as that between “one man and one woman” from the Defense of Marriage Act or “DOMA”....more

Legal Alert: Undocumented Workers Who Are "Off The Clock" Or "Off The Books" Are Still Subject To The FLSA

In Lucas v. Jerusalem Café, the United States Court of Appeals for the Eighth Circuit held that undocumented workers are entitled to recover for unpaid overtime and minimum wage violations under the federal Fair Labor...more

Summaries of Administrative Appeals Office EB-5 Decisions Posted for 2012

Below are my summaries of the 2012 EB-5 AAO decisions recently posted by USCIS, which can be a accessed from www.uscis.gov > Administrative Decisions and choosing the "Folders" for B7 and K1....more

What Do Undocumented Workers, Al Capone, and the Jerusalem Cafe Have in Common?

The answer is “nothing really,” but the Eighth Circuit Court of Appeals successfully searched Al Capone’s vault to unearth the comparison in its recent opinion in Lucas v. Jerusalem Cafe, LLC....more

Unauthorized Alien Workers Recover FLSA Wages

Two federal appellate courts have ruled this year that, as one of them put it, "aliens, authorized to work or not, may recover unpaid and underpaid wages under the [federal Fair Labor Standards Act]."...more

Employment Flash - July 2013

In This Issue: - U.S. Supreme Court Issues Two Important Decisions Under Title VII - Supreme Court Holds Lone Plaintiff’s FLSA Collective Action Is Moot When Claims Are Resolved Before Certification -...more

The Administrative Appeal Office (AAO) Sustains An Appeal Related To An EB-1 (C) Multinational Executive Or Manager Application

In a decision dated June 13, 2013 the Administrative Appeal Office (AAO) found that USCIS’ Nebraska Service Center’s denial of an EB-1 (C) Multinational Executive/Manager application was deficient as it was based upon...more

Labor & Employment E-Note - May 14, 2013

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA...more

Business Law Newsletter - May 2013

In This Issue: - Subpoenas: What Are They and What Do You Do If You or Your Business Receives One? - Sequestration and the Continuing Resolution’s Effect on Government Contracting - New I-9 Creates Risk...more

Global Connection - May 2013

International trade is critical to our global economy and importers and exporters should stay apprised of new developments, restrictions and potential pitfalls to ensure they remain in compliance with a myriad of laws and...more

U.S. Government Remains Firm on “Deferred Action” Despite Suit to Shut It Down

On Monday of this week, U.S. District Court Judge Reed O’Connor held a hearing on a Complaint filed by U.S. Customs and Immigration Enforcement (“ICE”) agents who are challenging the federal “deferred action” program...more

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