On April 18, 2017, President Donald Trump signed an executive order (EO), “Buy American and Hire American,” which aims to “stimulate economic growth” and “ensure the integrity of the immigration system.” Although this action...more
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
12/17/2014
/ Amazon ,
Bullying ,
Discrimination ,
Email ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Hiring & Firing ,
NLRB ,
OFCCP ,
Political Appointments ,
Protected Concerted Activity ,
Purple Communications ,
Unions ,
Workplace Bullying ,
Workplace Violence
On Thursday evening, November 20, 2014, President Obama announced that he was taking executive action that will primarily shield up to five million illegal immigrants from deportation. U.S. employers will benefit from...more
The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2015 begins on Tuesday, April 1, 2014. Note that petitions need to be mailed on March 31 to ensure receipt by the...more
Employers and their attorneys monitor the U.S. Department of State (DOS) Visa Bulletin to determine when sponsored employees may file adjustment of status applications on Form I-485 (the last step in the permanent residence...more
“E-Verify” is an internet-based system, operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). Used in conjunction with Form I-9, Employment Eligibility...more
In October 2013, California enacted several new laws that provide California workers, who are seeking to change their personal information, engage in whistleblower activity, or exercise their workplace rights, with expanded...more
At the federal level, E-Verify is mandatory only for certain federal contractors and subcontractors who must use E-Verify to confirm that particular employees are authorized to work in the United States. At the state level,...more
The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2015 begins on Monday, March 31, 2014. U.S. Citizenship and Immigration Services (USCIS) will accept cap-subject...more
On July 8, 2013, the U.S. Department of Justice (DOJ) announced that the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) had entered into a Memorandum of...more
Earlier this year, the U.S. Citizenship and Immigration Services (USCIS) introduced a revised Form I-9, Employment Eligibility Verification, the form that must be completed by all employers to verify the employment...more
Since the creation of the L visa category in 1970, the L-1 statutory provisions have been modified several times. In recent years, L-1 cases have been subject to heightened scrutiny both by the U.S. Citizenship and...more
The Department of Justice (DOJ), through its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled two claims alleging discrimination, based on unfair documentary practices...more
9/24/2013
The Department of Justice (DOJ), through its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently issued a Technical Assistance Letter in response to a written request by a...more
The L visa allows qualifying multinational companies with a parent, subsidiary, branch, or affiliate abroad to transfer managers and executives (L-1A) and employees with “specialized knowledge” (L-1B) to work in the United...more
As immigration reform measures proceed through Congress, it is critical that employers are prepared for strict worksite enforcement of I-9 requirements to prevent costly auditing and penalties for paperwork violations or the...more
In May and June 2011 respectively, the states of Georgia and North Carolina each passed laws mandating the use of E-Verify, an internet-based system, administered by the federal government, which allows businesses to...more
On June 27, 2013, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S. 744) passed the Senate by a vote of 68 to 32....more
On June 26, 2013, the Supreme Court of the United States struck down a provision of the federal Defense of Marriage Act (DOMA) that denied federal benefits to same-sex partners....more
The Department of Homeland Security (DHS) has tightened its screening of international students by ordering border agents to verify the visa validity of F-1 and M-1 foreign students entering the United States. The new...more
In the February/March 2013 issue of the Immigration eAuthority, we outlined the respective proposals for immigration reform put forward by both the President and a bipartisan group of eight senators. We also noted that...more
In This Issue:
- Immigration. Washington takes the first step toward immigration reform.
- State Round-Up. Learn about the latest employment law news in your state.
- Traditional. Wade Fricke and Matthew Kelley...more
4/19/2013
/ Americans with Disabilities Act (ADA) ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
H-1B ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Immigration Reform ,
L-1 Visas ,
Mental Health ,
Mental Illness ,
PHI ,
Reasonable Accommodation ,
Retaliation ,
Right to Work ,
Visas
On April 5, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that, for the first time since 2008, the H-1B cap for FY 2014 had been met within the first week of the filing period. According to the agency, it...more
Companies must balance countervailing mandates under immigration law: verifying employment eligibility while not discriminating unlawfully. With the recent implementation of the Deferred Action for Childhood Arrivals (DACA)...more
As we reported in the December 2012/January 2013 issue of the Immigration eAuthority, the filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2014 begins on Monday, April...more