On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more
3/16/2022
/ Administrative Procedure Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Over-Time ,
Statutory Violations ,
Wage and Hour
In the spring of 2019, the Social Security Administration (SSA) renewed its practice of sending employment eligibility correction request notices (known as “no-match letters”) to employers. The SSA had discontinued the...more
10/31/2019
/ Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Internal Audit Functions ,
No-Match Letters ,
Risk Management ,
Social Security Administration (SSA) ,
Social Security Numbers ,
W-2
Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past...more
9/3/2019
/ #MeToo ,
Affordable Care Act ,
Ban the Box ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Labor Shortage ,
LGBTQ ,
Marijuana ,
Misclassification ,
OFCCP ,
Pay Equity Laws ,
Rate of Pay ,
Right to Work ,
Salary/Wage History ,
Sexual Harassment ,
Silica ,
Transgender ,
Unemployment ,
USCIS ,
Visas ,
Wage and Hour ,
Workplace Safety
Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more
9/4/2018
/ ADEA ,
Affordable Care Act ,
Age Discrimination ,
Association Health Plans ,
Ban the Box ,
Compensation & Benefits ,
Criminal Background Checks ,
DACA ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Foreign Workers ,
Gig Economy ,
H-1B ,
Health Insurance ,
Immigrants ,
Independent Contractors ,
Joint Employers ,
NLRB ,
NLRB General Counsel ,
Pay Equity Laws ,
Persuader Rules ,
Sexual Harassment ,
Sharing Economy ,
Unemployment ,
Wage and Hour
On July 4, 2018, the U.S. Department of Justice obtained a partial victory in its challenge of California’s Immigrant Worker Protection Act ("Assembly Bill 450" or "AB 450") and other sanctuary laws when a California federal...more
7/16/2018
/ Department of Justice (DOJ) ,
Deportation ,
Employer Liability Issues ,
Federal v State Law Application ,
Immigrant Protection Laws ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Motion To Enjoin ,
Privately Held Corporations ,
Sanctuary Cities ,
State and Local Government ,
Supremacy Clause ,
Trump Administration ,
USCIS ,
Worker Protection Standard ,
Workplace Investigations
The Supreme Court has weighed in: class and collective action waivers in arbitration agreements are lawful and must be enforced under the Federal Arbitration Act (FAA). ...more
5/22/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
U.S. Immigration and Customs Enforcement’s former acting Director, Thomas Homan, indicated last fall that he wanted to quadruple worksite enforcement, and ICE is on track to do so. ICE recently announced it performed 3,510...more
5/21/2018
/ Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Trump Administration ,
Undocumented Immigrants
On March 6, 2018, the U.S. Department of Justice filed a lawsuit challenging California’s Immigrant Worker Protection Act (Assembly Bill 450), among other laws designed to limit the extent state law enforcement and prisons...more
3/13/2018
/ Department of Labor (DOL) ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Federal v State Law Application ,
Form I-9 ,
Immigrant Protection Laws ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Injunctive Relief ,
New Legislation ,
Sanctuary Cities ,
State and Local Government ,
Supremacy Clause ,
Trump Administration ,
Worker Protection Standard ,
Workplace Investigations
Increased immigration enforcement and a reduction in illegal entry into the United States remain among the Trump administration's highest priorities. Notably, Acting ICE Director Thomas Homan has reportedly ordered Homeland...more
11/9/2017
/ Audits ,
Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Trump Administration ,
Undocumented Immigrants
On August 31, 2017, the U.S. District Court for the Eastern District of Texas granted summary judgment for a diverse coalition of 55 business groups, led by the U.S. Chamber of Commerce and joined by numerous state...more
As a reminder, on July 17, 2017, the United States Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which employers must begin using no later than...more
On June 7, 2107, a plaintiff brought a putative class and collective action against Chipotle for alleged violations of the Fair Labor Standards Act and New Jersey’s Wage and Hour Law. The plaintiff asserts the company...more
6/15/2017
/ Apprenticeships ,
Chipotle Grill ,
Collective Actions ,
Department of Labor (DOL) ,
Dismissals ,
Employee Definition ,
Minimum Salary ,
Misclassification ,
Over-Time ,
Putative Class Actions ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Justice (DOJ) has appealed one of the two federal court injunctions issued in response to President Trump's revised travel ban executive order. This executive order, Protecting the Nation from Foreign...more
3/21/2017
/ Appeals ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Refugees ,
Travel Ban ,
TRO ,
Trump Administration ,
Visas
On January 27, 2017, President Trump signed an executive order (among others) titled: “Protecting the Nation from Foreign Terrorist Entry into the United States” (the “Order”). The Order purports to “suspend entry” of both...more
1/30/2017
/ Department of Homeland Security (DHS) ,
Dual Citizenship ,
Due Process ,
Equal Protection ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Injunctions ,
Iran ,
Iraq ,
L-1 Visas ,
Libya ,
Secretary of State ,
Somalia ,
Sudan ,
Syria ,
Travel Ban ,
Trump Administration ,
Visas ,
Yemen
The U.S. Citizenship and Immigration Services (USCIS) rolled out a new Form I-9 in November 2016. Starting January 22, 2017, all employers must use the new Form I-9, which is dated November 14, 2016 (the edition date is on...more
1/18/2017
/ Electronic Filing ,
Eligibility ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Required Forms ,
U.S. Customs ,
USCIS ,
Verification Requirements ,
Visas
On January 13, 2017, the U.S. Supreme Court granted certiorari in three cases involving the lawfulness of class and collective action waivers in arbitration agreements. Since the National Labor Relations Board’s 2012...more
1/16/2017
/ Arbitration ,
Case Consolidation ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Employment Contract ,
Ernst & Young ,
Federal Arbitration Act ,
Murphy Oil USA ,
NLRA ,
NLRB ,
SCOTUS
On November 22, 2016, at the request of 22 states and 55 business groups that brought suit as plaintiffs, the United States District Court for the Eastern District of Texas issued a preliminary injunction blocking the U.S....more
On the first day of its new term, the United States Supreme Court sidestepped another opportunity to determine the constitutionality of President Obama’s executive immigration reforms. On October 3, 2016, the Court denied...more
10/5/2016
/ DACA ,
DAPA ,
Executive Orders ,
Form I-9 ,
Immigrants ,
Immigration Reform ,
Injunctions ,
Obama Administration ,
SCOTUS ,
US v Texas ,
Verification Requirements
On August 22, 2016, in Morris et al. v. Ernst & Young, LLP, a panel of the U.S. Court of Appeals for the Ninth Circuit followed the lead of the National Labor Relations Board (“NLRB”) and the U.S Court of Appeals for the...more
8/24/2016
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Protected Concerted Activity
The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the...more
8/15/2016
/ Corporate Counsel ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Form I-9 ,
Hiring & Firing ,
Immigration ,
Immigration and Customs Enforcement (ICE) ,
Immigration and Nationality Act ,
OCAHO ,
Popular ,
Staffing Agencies
On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic-Systems Corp., finding that the company's arbitration agreement, which prohibits employees from participating in “any...more
5/31/2016
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
D.R. Horton v NLRB ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
FRCP 23 ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7
The U.S. Office of the Chief Administrative Hearing Officer (OCAHO) recently published Gonzalez-Hernandez v. Arizona Family Health Partnership, an interesting decision that illustrates the conflict between state laws and the...more