News & Analysis as of September 25, 2024

Form I-9 › Discrimination

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The Employment Eligibility Verification Form I-9 is a form issued by the U.S. Citizen and Immigration Services to verify the identity and employment eligibility of workers within the United States. U.S. Employers must require all employees, both citizens and non-citizens, to complete an I-9 and present supporting documentation, such as a passport or green card. less -

Avoiding Immigration-Related Litigation in the Current Labor Market

Jackson Lewis P.C. on 12/30/2021

According to the U.S. Bureau of Labor Statistics, the number of unfilled job openings increased by over three million in the last year. The construction industry has been particularly hard hit by labor shortages, causing many...more

Compliance News Flash - June 2020 #2

Arnall Golden Gregory LLP on 6/24/2020

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

New California Labor and Employment Laws for 2018

Holland & Knight LLP on 12/14/2017

• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. • Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health and...more

Golden State Worriers: California Labor & Employment Bills to Watch

Littler on 6/13/2017

When it comes to legislation, for California employers it's the final countdown. June 2 was the last day for bills to pass out of their house of origin. September 15 is the deadline for these bills to pass both legislative...more

New Rule On Unfair Immigration-Related Employment Practices Effective January 18, 2017

Baker Donelson on 1/3/2017

On December 19, 2016, the Department of Justice (DOJ) issued a final rule that revises the DOJ’s regulations implementing certain provisions of the Immigration and Nationality Act (INA) related to to unfair immigration...more

EEOC Updates Guidance on National Origin Discrimination

Akerman LLP - HR Defense on 12/15/2016

As we observed, the heated tone of the recent presidential election poses unprecedented challenges for employers attempting to manage employee interactions in the workplace, especially when issues related to immigration and...more

Notable Immigration-Related Hiring Discrimination Claims Settled this Summer with Department of Justice and Heads Up! A New Form...

Poyner Spruill LLP on 9/27/2016

In the past three months, there have been four settlements with three staffing agencies and one private company reported by the Department of Justice. The three settlements with staffing agencies resolved allegations that...more

The Employment Law Authority - July/August 2016

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

Immigration Penalties Adjusted for Inflation Increases to Take Effect August 1

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/22/2016

On June 30 and July 1, 2016, the U.S. Department of Homeland Security (DHS), the U.S. Department of Justice (DOJ), and the U.S. Department of Labor (DOL) each published separate interim final rules in the Federal Register to...more

Increased Fines on the Horizon for Immigration Law Violations

McGuireWoods LLP on 7/7/2016

The Department of Justice has raised the bar on penalties for violations of federal immigration law. On June 30, 2016, DOJ issued an interim final rule that goes into effect on August 1, 2016. This rule, implemented as an...more

January 2016 Immigration Alert

Epstein Becker & Green on 1/27/2016

I. U.S. Supreme Court to Rule on Obama Immigration Plan - On January 19, 2016, the U.S. Supreme Court agreed to hear the Obama administration’s appeal from the Fifth Circuit decision that enjoined implementation of its...more

Employers May Request Alternative Documents Following an Internal I-9 Audit

Shumaker, Loop & Kendrick, LLP on 11/9/2015

On October 23, the U.S. Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request...more

Office of the Chief Administrative Hearing Officer Rejects DACA Recipient’s Document Discrimination Claim

Littler on 7/22/2015

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

DHS Proposes Changes to E-Verify Program: I-9 Reverifications and FNC Formal Reviews

Foley & Lardner LLP on 7/22/2015

As employers continue to enroll in the E-Verify program at a high rate, the United States Department of Homeland Security (DHS) is considering various changes to this key program. Some of these changes place additional...more

What Happens When An Employee Admits I-9 Documents Were Fraudulent

Shumaker, Loop & Kendrick, LLP on 2/5/2015

On January 8, 2015, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for...more

Immigration Alert: September 2014

Epstein Becker & Green on 9/22/2014

Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs - On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more

Immigration Alert: October 2013

Epstein Becker & Green on 10/30/2013

I. USCIS Instructs on Immigration Benefits for Same-Sex Spouses - On June 26, 2013, the Supreme Court of the United States ("SCOTUS") held that Section 3 of the Defense of Marriage Act ("DOMA") was unconstitutional....more

The California Grizzly Elbows Uncle Sam: New California Immigration Requirements For Private Sector Employers

Littler on 10/18/2013

Partly in response to the inaction in Washington on immigration reform, the California Legislature, in the annual session concluded in mid-September, passed several bills which were signed by Governor Brown that either create...more

Justice Department Cautions Against Re-Verification Of I-9 Documents By General Contractor

Ogletree, Deakins, Nash, Smoak & Stewart,... on 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

Department Of Justice And NLRB Agree To Begin Referring Employee Claims To One Another

Laner Muchin, Ltd. on 8/20/2013

In July 2013, the U.S. Department of Justice announced that the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) signed a Memorandum of Understanding (MOU) with the National Labor Relations...more

Employment Flash - July 2013

Skadden, Arps, Slate, Meagher & Flom LLP on 7/26/2013

In This Issue: - U.S. Supreme Court Issues Two Important Decisions Under Title VII - Supreme Court Holds Lone Plaintiff’s FLSA Collective Action Is Moot When Claims Are Resolved Before Certification -...more

Immigration Alert: April 2013

Epstein Becker & Green on 5/2/2013

In This Issue: Comprehensive Immigration Reform Debate Begins! USCIS Reports That H-1B Cap Is Reached in First Week; New Form I-9 Becomes Effective on May 7, 2013; CBP Announces Form I-94 Automation; DOS Permits Access to...more

DACA Program Raises Questions For Employers In The I-9 Process

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/12/2013

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

New Compliance Concerns for Employers of Foreign Workers

Snell & Wilmer on 12/31/2012

Originally published in the 2012 Edition of Inside the Minds published by Aspatore/Thomson West. Introduction - This chapter discusses the current immigration enforcement climate for US employers, which involves a...more

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Form I-9 › Discrimination

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