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Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

USCIS Branch Quietly Turning E-Verify Mistakes into DOJ, ICE Enforcement Actions

If you have been following their press releases, complaints, and settlement agreements over the past several months, the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices...more

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

Undocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court

On June 26, 2014, in Salas v. Sierra Chemical Co., the California Supreme Court held that undocumented immigrants who fraudulently obtained employment still may pursue retaliation and discrimination claims under the...more

Unauthorized Work Status Does Not Bar Discrimination Claims

In Salas v. Sierra Chemical Co., the California Supreme Court held that an undocumented worker who was wrongfully terminated in violation of the California Fair Employment and Housing Act (FEHA) may be awarded lost pay...more

California Supreme Court: "Illegal Immigrant Shouldn't Have Been Hired – But Can't Be Fired Illegally"

On June 26, 2014, the California Supreme Court decided that an employee may proceed with a discrimination lawsuit even though he presented false work authorization documents to obtain employment in the first place....more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 41: Discrimination Laws Apply To...

Illegal immigration is one of the biggest political issues of the 21st Century in the United States, as both political parties support the reform of immigration laws in one way or another. Until the laws are reformed, the...more

The Employment Law Authority - May/June 2014

In This Issue: - Immigration. New proposal aimed at attracting highly-skilled immigrants. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. J. Hamilton Stewart and Matthew...more

Justice Department Settles Immigration-Related Discrimination Claim

The Department of Justice (DOJ) recently announced that it had reached an agreement with a Dallas-based company resolving claims that it violated the Immigration and Nationality Act’s (INA) anti-discrimination provision by...more

Justice Department Remarks on Potential Discrimination Claims Arising from the Non-Hire of Work-Authorized Foreign Nationals

In a recent Technical Assistance Letter, the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) comments on whether (1) an employer may, without engaging in...more

10 Tips to Avoid Discrimination in the I-9 Process

Although it may seem straightforward to request a new employee fill out the required Form I-9 to verify work eligibility, it actually requires a light touch. Employers must request enough information to comply with the...more

OSC Provides Guidance on Whether an Employer May Decline to Hire an F-1 Student

On April 30, 2014, the United States Office of Special Counsel (OSC) issued a Technical Assistance Letter (TAL) discussing whether an employer may decline to hire an F-1 student visa holder on Optional Practical Training...more

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

Is Use of False SSN Dishonest?

Can you refuse to hire an authorized worker – even a U.S. citizen – because once upon a time he used a false Social Security number? In Guerrero v. California Department of Corrections & Rehabilitation, No. C 13-05671 WHA...more

Unrestricted Certificate of Sponsorship Allocation Renewals in the UK to Be Automated

The Home Office has introduced a new automated renewal of Tier 2 (General) and Tier 2 (Intra-Company Transfer) Certificate of Sponsorship annual allocations. All Tier 2 unrestricted Certificate of Sponsorship...more

Labor & Employment E-Note - April 17, 2014

In This Issue: - Employers Face Increasing Number of Religious Bias Suits - Small Business Owners Concerned About Overtime Pay Requirements - Rising Number of Wage Theft Lawsuits Highlight Enforcement Issues -...more

Latest Developments From The Connecticut General Assembly: The Labor and Public Employees Committee Speaks

Before the deadline for committee action, the General Assembly’s Labor and Public Employees Committee voted favorably on a plethora of bills and advanced them out of committee. Among the most noteworthy were: 1) a bill...more

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

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

EEOC’s San Francisco District Office Signs Agreement With Mexican Consulate In Seattle

Federal Agency and Consulate Will Work Together to Assist Mexican Workers in Understanding Employment Rights - SEATTLE -- The San Francisco District Office of the U.S. Equal Employment Opportunity Commission (EEOC)...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

SuperVision Today - February 2014

Notes from the Chair and Executive Editor - The year 2014 marks Spilman Thomas & Battle's 150th anniversary. While we pause to reflect on our first 150 years, we are also looking forward to how we will create our next...more

Immigration Alert: January 2014

I. H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015 - As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The...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

Getting Down To Business: Highlights Of New California Employment Laws

With the start of the new year, it is the perfect time for employers to ensure that their policies reflect the changes in California law. We covered many of the laws affecting employers in our “California Legislative Update...more

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