Immigration Alert: Important Employer Obligations to Consider During an Economic Downturn

more+
less-

The current economic downturn is requiring many of our clients to begin looking for creative solutions to increasing budgetary pressures. Many clients may be considering such measures as layoffs, scaling back employee hours, adjusting salaries or benefits packages, ?benching? some nonessential employees (the practice of retaining employees who do not report to work, and not paying those employees while they are ?idle?), and other such solutions. Employers should be aware of the unique restrictions and issues related to these practices if they impact nonimmigrant employees in H-1B, H-1B1, or E-3 status, as all of these are governed by the Labor Condition Applications (LCA) filed with the Department of Labor (DOL) for the positions in which these individuals are employed. In addition, special precautions must be taken by employers filing PERM applications, not just if the employee has a layoff but if the occupation in question is in a sector affected by the downturn, such as the financial services industry.

Please see full alert for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Mintz Levin - Immigration Law | Attorney Advertising

Written by:

more+
less-

Mintz Levin - Immigration Law on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×