News & Analysis as of

Migrant Workers

Tier 2 Immigration Skills Charge – another fee to pay

by Dentons on

As part of the government plans to reduce Britain’s reliance on migrant workers, from 6 April 2017 employers may have to pay an immigration skills charge of £1,000 per employee. The skills charge will apply to a sponsor...more

Brexit: What's on the Menu for UK's Food Operators?

by Hogan Lovells on

With so much focus on sectors such as financial services, it is easy to forget that the impact of Brexit on the UK's food industry could also be significant. From trading and supply chain implications, potential issues in...more

The future of migrant workers in the UK?

by Dentons on

With the Prime Minister preparing to trigger Article 50 around 15 March, and so begin the process of Britain’s exit from the European Union, the Cabinet’s Brexit Committee has started to prepare a two-stage plan to deal with...more

November 2016 UK Immigration Update

by Morgan Lewis on

The changes are designed to incentivise businesses to reduce their reliance on migrant workers. On 3 November, the UK government announced changes to the UK immigration rules, implementing revisions that the Migration...more

EEOC Strategic Enforcement Plan for 2017-2021

by Bass, Berry & Sims PLC on

The Equal Employment Opportunity Commission (EEOC) recently revealed its Strategic Enforcement Plan for 2017-2021. Of course, this Plan was developed before the election of Donald Trump as President. Thus, the information...more

California Enacts New Employment Laws for 2017

California Governor Jerry Brown concluded the 2016 Legislative Session by signing several bills affecting employment relationships. Listed below are those bills that perhaps most critically impact your daily operations. ...more

EEOC Issues New Strategic Enforcement Plan

Late last month, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its new Strategic Enforcement Plan, which covers fiscal years 2017 through 2021. The Plan lists six areas that the EEOC will prioritize in...more

Ninth Circuit Affirms Certification of “No Injury” Wage and Hour Class

by Carlton Fields on

On August 31, the Ninth Circuit continued its trend of certifying “no injury” classes, this time in the context of an Agricultural Workers’ Protection Act claim that a Washington state fruit and vegetable farm violated the...more

Taking a Closer Look at the New Federal Contractor "Blacklisting" Obligations

by Littler on

On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more

FAR and DOL Issue Final Rule and Guidance on “Blacklisting” Executive Order

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Final Rules and Guidance on Executive Order 13673, “Fair Pay and Safe Workplaces” (aka “Blacklisting” Order) have been released. Despite robust comments from the contractor community, the Final Rule...more

Byron Burger Bitten? Employers Should Chew on Immigration Enforcement Possibilities

by Faegre Baker Daniels on

Recently, U.K. newspapers have been filled with details of immigration enforcement activity in central London at Byron, a respectable upmarket chain of casual dining restaurants known for their high end burgers. The...more

The ill-treatment of domestic migrant workers because of their immigration status does not amount to race discrimination under the...

by DLA Piper on

The recent case of Taiwo v Olgaigbe and another; Onu v Akwiwu and another [2016] UKSC 31 has highlighted the issues which can arise in respect of the employment rights of migrant workers. The case involved Ms Taiwo and Ms...more

Unions Pressure Carolina Farmers

by Nexsen Pruet, PLLC on

Carolina farmers must constantly deal with changing weather and markets. Add one more challenge: labor unions. Recently, labor unions have actively targeted certain agribusinesses in the Carolinas....more

History Repeats Itself: The EEOC Scores Big Judgment Against Absent Party

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC obtains a multi-million dollar default judgment against an out-of-business company in a case alleging “human trafficking” discrimination claims....more

"Employment Flash - February 2016"

The February 2016 edition of the Employment Flash looks at the EEOC's proposal for collecting equal pay information, the DOL's recent interpretation of joint employment liability under the FLSA and MSPA, Lyft's settlement of...more

Department of Labor Guidance on Joint Employment Highlights Risks for Employers

by Dechert LLP on

In a recent OnPoint, Dechert discussed the National Labor Relations Board’s controversial decision in Browning-Ferris Industries of California, Inc., in which the Board abandoned its long-standing joint employer test in favor...more

DOL Issues Guidance on Joint Employers

by Ballard Spahr LLP on

The U.S. Department of Labor (DOL) has issued guidance warning employers that ''joint employment'' has become more common in light of the growing variety of business models and labor arrangements in today's economy....more

DOL Continues to Push Its Agenda with New Guidance on Joint Employment

Solicitor of Labor Patricia Smith likes to quip that the Department is “working overtime on overtime.” DOL took a break from the much-anticipated overtime regulations and issued new guidance yesterday on the question of who...more

DOL Issues an Administrator's Interpretation Regarding Joint Employment

by Miller Canfield on

The U.S. Department of Labor (“DOL”) recently issued an Administrator’s Interpretation (“AI”) regarding joint employment under the Fair Labor Standards Act (“FLSA”) and the Migrant and Seasonal Agricultural Worker Protection...more

New Guidance from the DOL Regarding Joint Employment

by Weintraub Tobin on

In an effort to clarify the circumstances that may create a joint-employment relationship, the U.S. Department of Labor issued an Administrator’s Interpretation this week. This Administrator’s Interpretation, which can be...more

Are You a Joint Employer? WHD Issues Guidance in the Form of an Administrator’s Interpretation

On January 20, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor released an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal...more

DOL Issues Guidance on Joint Employment under FLSA

by Littler on

The Department of Labor's Wage & Hour Division (WHD) has issued an Administrator's Interpretation (AI) establishing new standards for determining joint employment under the federal Fair Labor Standards Act (FLSA) and the...more

New "Worker Endangerment Initiative" May Increase Criminal Prosecutions of Workplace Safety Violations

by Sherman & Howard L.L.C. on

On December 17, 2015, the Department of Labor (DOL) and the Department of Justice (DOJ) announced a plan to increase the frequency and effectiveness of criminal prosecutions of safety and environmental violations affecting...more

Potato Packing Companies to Pay $450,000 to Settle EEOC Suit for Sex Harassment and Retaliation

At Least 13 Women at Monte Vista Plant Physically and Verbally Abused and Three Fired for Refusing to Submit or Complaining, Federal Agency Charged - DENVER - Two potato packing companies will pay $450,000 and furnish...more

Homebuilders Welcome Recent Court Decisions

by Snell & Wilmer on

Arizona homebuilders will welcome with open arms two recent legal rulings of substantial impact to their industry. In the first decision, on July 28, 2015, in Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199, the Arizona...more

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