How Will the Arizona Immigration Law Affect Education Law? by Cullen and Dykman LLP on 5/10/2012 On April 25, 2012 the U.S. Supreme Court heard arguments regarding the constitutionality of the controversial Arizona immigration law. The Court’s decision on the Arizona law will have broad implications on schools across the...more
Two Distinct State Citizens For Purposes Of Diversity Of Citizenship by Dan Goodman on 3/20/2012 In any State of the Union, since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there are now two distinct state citizens. The first is recognized at Article IV, Section 2, Clause 1 of the...more
Johnson v. Whitehead, et. al Petitioner's Reply to Respondent's Opposition to Certiorari by Rachel Zoghlin on 12/12/2011 Petitioner's reply to the Solicitor General's Opposition to Certiorari. The Solicitor General challenged Petitioner's claim regarding the unconstitutionality of former 8 U.S.C. §1432 (a statute that discriminates based on...more
Despite Lawsuit, Immigration Enforcement Set to Resume in S.C. by Nexsen Pruet, PLLC on 11/1/2011 Originally published in Midlands Biz November 1, 2011. Regardless of what happens with a recently filed lawsuit, state regulators plan to begin enforcement of employment law provisions that take effect New Year’s...more
Federal Appeals Court Blocks Parts Of Alabama Immigration Law by Fisher & Phillips LLP on 10/18/2011 On October 14, 2011, the U.S. Court of Appeals for the 11th Circuit temporarily blocked two sections of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, while it considers the merits of the U.S. government’s...more
Alabama Immigration Law Upheld – Mostly by Fisher & Phillips LLP on 10/3/2011 On September 28, 2011, U.S. District Court Judge Sharon Lovelace Blackburn upheld the key provisions of Alabama's immigration law, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. Alabama's immigration law is...more
Executive Labor Summary - July/August 2011 by Constangy, Brooks & Smith, LLP on 9/2/2011 In this issue: Breaking news . . . Wilma Liebman’s term expires!; Employers must post notice explaining employees’ right to organize; Boeing trial not yet off the ground; Not all social media complaints about work are...more
Employer of Foreign Worker Tagged with $156,000 Judgment by Ronald Shapiro on 8/1/2011 Employers frequently hire foreign workers in specialty occupations (such as architects, engineers, doctors and computer programmers) pursuant to the H-1B visa program, but sometimes they are not able to follow through on a...more
Judge Enjoins Georgia Immigration Law by Ronald Shapiro on 7/11/2011 Federal Judge Thomas Thrash has reportedly enjoined parts of a Georgia law that was due to take effect on July 1, 2011. In granting a temporary injunction to complainants, he ruled that they were likely to prevail at trial on...more
Preliminary Injunction Granted for Parts of New Indiana Immigration Law by Fisher & Phillips LLP on 6/29/2011 As predicted in our prior Legal Alert on this topic on May 13, 2011, Indiana’s recently enacted immigration law has been challenged in court. On June 24, 2011, the U.S. District Court for the Southern District of Indiana...more
Federal Judge Blocks Certain Provisions of Georgia Immigration Law by Fisher & Phillips LLP on 6/28/2011 On June 27, 2011, U.S. District Court Judge Thomas Thrash granted a temporary injunction on key parts of the Georgia Immigration law due to go into effect on July 1, 2011. The Judge ruled that the criminal provisions of the...more
Is a Plaintiff’s Immigration Status Relevant In a Personal Injury Lawsuit? by Howard Ankin on 3/29/2011 The United States District Court recently issued an interesting decision in an Illinois personal injury case. In Zuniga v. Morris Material Handling, Inc., 2011 WL 663136 (N.D.N.Y 2011), the plaintiff was injured while...more
Fenwick Employment Brief - January 07, 2011 by Fenwick & West LLP on 1/7/2011 In this issue: California Employer Allowed to Pursue Defamation Action Against Protesting Employees; Payroll Company Not an Employer Under the California Labor Code or FLSA; PAGA Claims On The Rise – Suitable Seating Just...more
Employment Law Commentary: Collision Course: Conflict Between United States Supreme Court and California Judicial Interpretation... by Morrison & Foerster LLP on 11/4/2010 In our April 2009 Employment Law Commentary, entitled “Arbitration Agreements in Light of 114 Penn Plaza v. Pyett,” we contrasted the United States Supreme Court’s and California courts’ approaches to enforcement of...more
Labor & Employment Alert - Potential Criminal and Civil Penalties for PA Construction Industry Employers That Misclassify Workers by Fox Rothschild on 10/19/2010 On October 13, 2010, Pennsylvania Governor Edward Rendell signed the Construction Workplace Misclassification Act, which imposes criminal and civil penalties upon construction industry employers that misclassify workers as...more