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New Year, New Laws for Employment Lawyers

AB 1660 prohibits employers from discriminating against applicants and employees without valid California driver’s licenses. See Govt C §12926, Veh C §§1653.5, 12800.7, 12801.9. Under current law, the DMV has to issue a...more

International Migrants Day and Operating with Respect for the Rights of Migrant Workers

December 18 is International Migrants Day. Companies in a wide variety of industry sectors must address the human rights-related risks specific to employing migrant workers. These workers are especially vulnerable to human...more

Employment and Immigration Issues Facing Banks

EMPLOYMENT ISSUES - 1. No compensation for compensable work - Many banks—including large, sophisticated banks—are facing class action lawsuits for not compensating non-exempt employees for compensable work....more

Ringing in the New Year: A Summary of New Employment Laws for 2015

With the use of more than a few pens, the Governor of California has enacted more than 50 new laws related to employment, some of which affect all employers, and others that affect only specific industries. Unfortunately for...more

The Employment Law Authority - December 2014

In This Issue: - Justices Issue Pro-Employer Rulling in FLSA Case - Ogletree Deakins Named A "Law Firm of the Year" - California Mandates Anti-Bullying Training for Supervisors - OFCCP Issues Final...more

New California Employment Laws for 2015 and Beyond

It is that time of year again, California. As the days grow shorter and the nights grow semi-colder (it is still California after all), a flurry of activity begins as employers revisit their policies and handbooks to assess...more

New Employment Laws Affecting California Businesses in 2015

The California Legislature recently enacted a number of new employment laws that will take effect in 2015 that will impact businesses in California. With the New Year quickly approaching, employers should review their...more

Be Global - November 2014

UK: Potential for significant increase in cost of holiday pay - The UK Employment Appeal Tribunal recently handed down judgment in the closely watched appeals in a number of cases concerning the calculation of holiday...more

Undocumented Worker Can Cause Health Plan Problems

Employers know that since the 1980s they have been required to check the lawful work status of employees that they hire through the I-9 process. Employers also know that Immigration and Customs Enforcement (ICE) can audit...more

Employer Alienage Discrimination – Must You Hire Anyone Authorized to Work?

Could it really be that an employer is obligated to hire any person in the United States who has employment authorization, even if it is short-term and temporary in nature? That may very well be the case if a finding in the...more

California Employment Law Update: What’s New for 2015?

The California Legislature was unusually active this year. Significantly, California introduced mandatory paid sick live, created new “unfair immigration-related practices” and expanded potential liability for employers who...more

November 2014 Immigration Alert

DHS Announces Enhancements to ESTA Program - On November 3, 2014, the Department of Homeland Security (“DHS”) announced enhanced security measures that foreign nationals (“FNs”) seeking to use the Electronic System...more

Tuesday’s GOP “Shellacking” May Not Change Much For Employers

Tuesday night’s Republican rout in the midterm elections was big news, but is it much ado about nothing from an employer’s standpoint? Here are a few reasons not to become too giddy (if you were happy about the outcome) or...more

Starting with Employee 1

While many employment discrimination laws don’t apply until you have 15, 25 or 50 employees, there are several employment laws that apply when you hire your first employee...more

Automatic Extension & I-9 Form Verification For Temporary Protected Status in the U.S.

Temporary Protected Status (TPS) is available in the United States for individuals from foreign states where the U.S. Attorney General (AG) has determined that conditions in that country would result in a threat to the...more

U.S. Department of Justice Issues Guidance on an Employer’s Acceptance of Excess I-9 Documentation

The U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the antidiscrimination provision of the Immigration and Nationality Act...more

Immigration Alert: September 2014

Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs - On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more

Settlement Highlights Importance of Compliance with Anti-Discrimination Provision of the Immigration and Nationality Act During...

On August 15, 2014, a California-based staffing company reached a settlement with the U.S. Department of Justice (DOJ), Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), resolving...more

Labor & Employment E - Note - September 2014

In This Issue: - More Workers Are Claiming 'Wage Theft' - Big Companies, States Urge High Court to Rule on Gay Marriage - Firms Continue to Increase Background Checks on Job Candidates - Obama...more

Illegal Worker Could Bring Discrimination Claim

Ms Hounga, a Nigerian national, lived and worked illegally in the UK. She worked as a live-in nanny and housekeeper for Mrs Allen, who had played a significant part in bringing Ms Hounga illegally into the UK. Mrs Allen...more

The Employment Law Authority - July/August 2014

In this Issue: - Immigration. DOJ settles immigration-related discrimination claim - State Round-Up. Learn about the latest employment law news in your state - Traditional Labor. Eric Stuart discusses two recent ...more

EEOC to Sign National Memorandum of Understanding with Mexico Aug. 29

Pact Will Help Both Entities Protect Vulnerable Mexican Workers - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) will sign a national Memorandum of Understanding (MOU) with the Ministry of...more

Tennessee: Undocumented Worker Has Standing to Bring Retaliatory Discharge Claim

Tennessee employers take note—undocumented workers who can’t return to work because of their immigration status can still sue you for retaliatory discharge. In a case of first impression, the Tennessee Court of Appeals held...more

Discrimination Enforcement: Justice Department Settles Immigration-Related Discrimination Claim

The Department of Justice (DOJ), through its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging discrimination, based on unfair documentary practices during...more

New Law Signed Modifying California’s Anti-Retaliation Protections

In the December 2013/January 2014 issue of the Immigration eAuthority, we reported that California had enacted several new laws that provide California workers, who are seeking to change their personal information, engage in...more

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