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Undocumented Workers and The National Labor Relations Act

Undocumented Workers Are Employees - It is well established that undocumented workers are “employees”, as that term is defined in the National Labor Relations Act, 29 U.S.C.151, et. seq. (the Act). In essence, the Act...more

13 Changes To California Law In 2014: What Employers Need To Know

Every new year brings employment law changes for California’s employers and, while the Affordable Care Act has taken the spotlight for 2014, a vast array of employment laws deserve special attention from California employers...more

California Employment Law Update: What’s New for 2014

The California Legislature was unusually active this year. Significantly, California increased the state minimum wage, created new “unfair immigration-related practices,” and expanded protections for whistleblowers. All laws...more

Settlement Of HB 56 Lawsuit Means Permanent Injunction Against Some Provisions Of Alabama’s Immigration Law

On October 29, 2013, the Southern Poverty Law Center (SPLC) published a settlement agreement reached with the State of Alabama to end its challenge of HB 56, Alabama’s immigration law in exchange for a court order permanently...more

Macy's Fined $175,000 And Ordered To Create $100,000 Back Pay Fund For Violations Of Anti-Discrimination Law In The Form I-9...

In June 2013, Macy’s Retail Holdings and other Macy’s entities (Macy’s) entered into a settlement agreement with the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices...more

Religious Institutions Update - July 2013

Have you ever wondered how the United States Constitution came to incorporate "free exercise of religion" in the First Amendment? James Madison wrote the initial draft of the Bill of Rights. He and other Federalists initially...more

Immigration Alert: April 2013

In This Issue: Comprehensive Immigration Reform Debate Begins! USCIS Reports That H-1B Cap Is Reached in First Week; New Form I-9 Becomes Effective on May 7, 2013; CBP Announces Form I-94 Automation; DOS Permits Access to...more

H-2B Adjudication Temporarily Suspended

U.S. Citizenship and Immigration Services (“USCIS”) has temporarily suspended adjudication of most H-2B petitions for temporary non-agricultural workers in response to the Court order entered March 21, 2013 in Comite de Apoyo...more

Illegal Workers Can Recover Lost Wages for Texas Tort Claims

A recent decision from the Fifth District Court of Appeals in Dallas held that federal immigration laws do not preclude illegal workers from recovering damages, including lost wages, for Texas tort claims. ...more

J-1 Interns and Trainees: What happened at Wyndham should stay at Wyndham

A recent Wall Street Journal article appeared about J-1 interns and trainees who had been placed at Wyndham Bonnet Creek Resort for what appeared to be bona fide internships in hotel and restaurant management. The young...more

Despite Lawsuit, Immigration Enforcement Set to Resume in S.C.

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

Alabama Immigration Law Upheld – Mostly

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

Employer of Foreign Worker Tagged with $156,000 Judgment

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

Preliminary Injunction Granted for Parts of New Indiana Immigration Law

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

Fenwick Employment Brief - January 07, 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...

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

Siskind's Immigration Bulletin – July 27, 2010

In this Issue: 1. Openers 2. ABCs of Immigration Law: L-1 Intracompany Transfer Visas 3. Ask Visalaw.com 4. Border and Enforcement (Arizona) News -Arizona immigration law could overwhelm state's court system -ICE...more

Russian Law Review - *April - June 2010 By Maxima Consulting and Law

In This Issue: *The right to receive compensation for infringement of the right to judicial proceeding in reasonable time or right to judicial act execution in reasonable time. *The list of entrepreneurial activity...more

Civil Rights Lawyers Fighting Discrimination Against Hispanics, Latinos and Mexican-Americans in California Are Needed More Than...

Civil rights lawyers are seeing an increase in discrimination toward Hispanics, Latinos and Mexican-Americans due in part to the shortage of available jobs in this economic downturn. This article seeks to examine this...more

Fourth Circuit Refuses to Stay Implementation of Federal Contractor E-Verify Rule

The U.S. Court of Appeals for the Fourth Circuit has denied a motion to stay implementation of the federal contractor E-Verify rule pending resolution of challenges filed by the U.S. Chamber of Commerce and several business...more

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