Prevailing Wages

News & Analysis as of

2015-2016 California Labor & Employment Laws Affecting Construction Industry

Assembly Bill 219 – Prevailing Wages for Concrete Delivery on Public Projects - AB 219 continues California’s aggressive expansion of prevailing wages. This bill expands the definition of “public works” for purposes of...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

DOL Refuses to Forgive Clerical Error on PERM Application

The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the...more

A Potential Federal Government Shutdown: The Immigration Implications for Employers

Congress has until September 30, 2015 to reach an agreement on the 2016 Fiscal Year federal budget. If an agreement to fund the federal government is not reached, immigration processes are expected to be impacted as they were...more

All Over But the Penning: the California Legislature Completes its Work for 2015

The California Legislature adjourned its 2015 regular session early last Saturday morning.  It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product.  He has until Sunday, October 11, to...more

All Over But the Penning: the California Legislature Completes its Work for 2015

The California Legislature adjourned its 2015 regular session early last Saturday morning. It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product. He has until Sunday, October 11, to...more

Requirements for Applying for H-1B Visas

The H1-B Specialty Occupation Visa is a non-immigration visa that allows foreign workers in specialty occupations to temporarily work in the United States. H1-B Requirements - There are three primary requirements to qualify...more

Microsoft Lays Off Workers Amid Calls for Expanded H1-B Visas

In July, Microsoft Corporation announced it would lay off 7,800 workers worldwide. The layoffs amount to 7 percent of the technology company’s global workforce. Politicians rarely like to hear about corporate layoffs —...more

Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts

If you’re a public works contractor in California you’re familiar with prevailing wages. The Prevailing Wage Law, a Depression era law designed to encourage the hiring of local labor, sets a minimum wage that employers must...more

H-1B Alternative Series: Flexibility in Foreign Trade and Treaty Visas

Our series exploring alternatives to the H-1B continues with foreign trade and treaty visas. Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery? Is your client from one of the 79...more

Last Call: California Legislature Makes Final Push for 2015 Session

The California Legislature reconvened on Monday, August 17, to finish its work for the 2015 regular session, which must end by September 11. The following bills are of particular interest to California private sector...more

Employees Now Have Greater Rights to Work Overtime in Wisconsin

According to a Wisconsin state law, employers are required to provide a consecutive 24-hour rest period every 7 days for employees in factory and mercantile workplaces. As a result of the budget bill recently signed by...more

5 Myths About the State of American Manufacturing and What They Suggest for the Future

The demise of American manufacturing has been widely heralded. However, in a report on the state of manufacturing in America, economist Michael J. Hicks of the Center for Business and Economic Research at Ball State...more

Recent H-2B Program Changes Require Careful Planning by Employers

Background on the H-2B Temporary Worker Program - The H-2B program provides visas for temporary, non-agricultural positions to foreign nationals in the United States. Traditionally, employers have used the H-2B...more

Employing foreign workers in Israel

Immigration for non-citizens into Israel is governed by the Entry into Israel Law (1952). Since the 1990’s, hundreds of thousands of immigrant workers have come to Israel to be employed in various capacities as temporary...more

That is SO last week - June 2015

Last week, Uber suffered a setback in one of the many driver-initiated lawsuits it’s defending. A federal judge in California ruled that the popular ride-sharing app cannot compel arbitration of claims by drivers relating to...more

West Virginia Employment Update: The Mountain State is Becoming Much More Attractive to Employers

For the past several decades, West Virginia has not fared particularly well when employers were faced with tough decisions regarding whether to close or open new facilities in the state.  One of the factors that undoubtedly...more

How Might Your Company be Affected by West Virginia's Employment Law Changes? [Video]

Several bills affecting employers in West Virginia were brought before the 2015 Legislature, including bills relating to discrimination, prevailing wage, wage payment issues and more. Which ones passed, and how will they...more

Second-Lowest Bidder for Public Contracts May Sue Lowest Bidder Who Paid Less Than Prevailing Wages

Public agencies have little, if any, discretion when awarding public contracts because they are required to award the contract to the lowest bidder, subject to certain minimum qualifications. These limitations are designed...more

Government Contracts Quarterly Update - May 2015

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Topics in the...more

DOL and DHS Release Joint New Rules for H-2B Visa Program

Last week the U.S. Departments of Labor and Homeland Security announced an interim final rule to reinstate and make improvements to the H-2B Visa program, and a final rule to establish the prevailing wage methodology to be...more

New Precedent Decision Revoking an Approved H-1B Work Visa Petition Poses Dire Consequences for the Consulting Industry

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more

Is Your H-1B Worker Moving Elsewhere? You May Have To File An Amended H-1B Petition

The Administrative Appeals Office of the U.S. Citizenship and Immigration Services issued a significant decision last week that overruled prior USCIS practice....more

2015 Construction Law Update - Construction Practice Newsletter

Over 2,200 bills were introduced during the second and final year of the 2013-2014 legislative session, of which 931 were signed into law. For the design and construction industry the end of the second session, like...more

New Prevailing Wage Law in West Virginia

This month, West Virginia Governor Earl Ray Tomlin signed Senate Bill 361, which significantly adjusts the state’s calculation of prevailing wages to establish an amount more reflective of actual earnings in regions across...more

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