Ver la versión en español aquí It is hurricane season in Florida, but I am writing with emergency preparedness advice. I am writing about the lingering effects of Hurricane Mitch, which struck Central America in 1998, killing more than 11,000 people, destroying hundreds of thousands of homes, and causing more than $5 billion in damage. … Continue Reading
Ver la versión en español aquí For the last several months, foreign students in F-1 status and potential employers have been living in limbo. A federal district court invalidated the Department of Homeland Security’s rules providing additional time in Optional Practical Training for STEM graduates (graduates with degrees in Science, Technology, Engineering, or Math). The … Continue Reading
Ver la versión en español aquí It is that time of year again. According to a Society for Human Resources Management survey discussed in the South Florida Sun Sentinel, fewer employers plan to host a holiday party this year. However, many of those employers who are hosting a party plan to spend more this year, … Continue Reading
Ver la versión en español aquí Do not tell Donald Trump but the U.S. Citizenship and Immigration Services (USCIS) is again extending the Temporary Protected Status designation for Haiti for a period of eighteen (18) months, from January 23, 2016 through July 22, 2017. Temporary Protected Status (TPS) is a temporary immigration status granted to … Continue Reading
Ver la versión en español aquí A stripper, an intern, and a minor league baseball player walk into a bar . . . Where is this joke going? To court of course; this is a family-friendly legal blog! What do all three have in common – lawsuits under the Fair Labor Standards Act. A group … Continue Reading
Ver la versión en español aquí The latest development in the H-2B saga came yesterday. The federal district court at the heart of the controversy decided to temporarily stay its order that had vacated the U.S. Department of Labor’s 2008 H-2B regulations. The court stayed its decision through April 15. The court did not have … Continue Reading
Ver la versión en español aquí Yesterday, we posted about the current suspension of the H-2B temporary, unskilled worker program. After we posted, the Department of Homeland Security (DHS) announced that it will resume adjudications of H-2B petitions, but will continue to suspend premium processing on H-2B petitions until further notice. DHS will resume adjudicating … Continue Reading
Ver la versión en español aquí Both the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) have suspended all processing under the H-2B program, which many employers use to hire seasonal workers. The decision may impact staffing at hotels and country clubs that often use temporary, unskilled workers during their busy … Continue Reading
Ver la versión en español aquí Employment Authorization Documents Automatically Extended The U.S. Citizenship and Immigration Services (USCIS) recently extended the Temporary Protected Status designation for El Salvador for a period of eighteen (18) months, until September 9, 2016. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries … Continue Reading
Ver la versión en español aquí Effective January 1, 2015, Florida’s minimum wage will increase from the current rate of $7.93 to $8.05 per hour. Each year, the Florida Department of Economic Opportunity must recalculate Florida’s minimum wage based upon the increase in the federal Consumer Price Index for Urban Earners and Clerical Workers in … Continue Reading
Ver la versión en español aquí Employee: “Hi, Ms. HR Manager, here’s my new Social Security Number. And I also have a new work authorization document.” Ms. HR Manager: “Huh, you’ve worked here three years. This Social Security Number is different from the one on your Form I-9. Is it Friday yet?” You may have … Continue Reading
Ver la versión en español aquí Employment Authorization Documents Automatically Extended The U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status designation for Honduras and Nicaragua for a period of eighteen (18) months, until July 5, 2016. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries … Continue Reading
Ver la versión en español aquí It is that time of year again. The U.S. Department of State’s Diversity Visa Program opened at noon on October 1 and will close on November 3, also at noon. For those not in the know, the Diversity Visa Program is an annual lottery open to nationals of countries … Continue Reading
Ver la versión en español aquí E-Verify is an online application that allows participating employers to verify electronically the employment eligibility of new hires. It is jointly operated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA). To participate in E-Verify, an employer must sign a multi-page Memorandum of Understanding (MOU) with … Continue Reading
Ver la versión en español aquí The Florida Information Protection Act went into effect on July 1. The law imposes notification requirements on any business that acquires, maintains, stores or uses personal information when that business suffers a breach of security, i.e., unauthorized access of data in electronic form containing personal information. The statute’s definition … Continue Reading
Ver la versión en español aquí Those of you who attended our annual labor & employment seminar on May 1 or read our blog with any regularity or just pay attention to developments in employment law, know that the National Labor Relations Board (NLRB) and its administrative law judges have been finding employers guilty of … Continue Reading
Two weeks ago, the H-1B visa filing season kicked off and, within five days, the U.S. Citizenship and Immigration Services received about 175,000 H-1B petitions for 65,000 available H-1B visas, plus 20,000 H-1Bs set aside for foreign nationals who hold U.S. advanced degrees. Clearly, employers are looking to hire – at least highly skilled workers … Continue Reading
On March 3, the U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status designation for Haiti for a period of eighteen (18) months, from July 23, 2014 to January 22, 2016. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has experienced temporary … Continue Reading
The National Labor Relations Board (NLRB) has decided not to seek U.S. Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule. As you may recall, the rule would have required most private sector employers to post a notice notifying employees of their rights under the National Labor Relations … Continue Reading
Effective January 1, 2014, Florida’s minimum wage will increase from the current rate of $7.79 to $7.93 per hour. Each year, the Florida Department of Economic Opportunity must recalculate Florida’s minimum wage based upon the increase in the federal Consumer Price Index for Urban Earners and Clerical Workers in the Southern Region. Based upon the … Continue Reading
The U.S. Department of Labor has issued the following notice regarding E-Verify and the impact of the government shutdown: E-Verify has resumed operations following the federal government shutdown. All E-Verify features and services are now available. The following information addresses questions on how the federal government’s shutdown affected E-Verify and Form I-9. Information For Employers … Continue Reading
While we would never disparage anyone’s sincerely held religious beliefs, we did not see this one coming. The Equal Employment Opportunity Commission (EEOC) recently filed suit in federal court in West Virginia claiming that the use of a hand scanning time clock violated an employee’s rights under Title VII of the Civil Rights Act of … Continue Reading
The Department of Justice’s Office of Special Counsel for Immigration Related Unfair Employment Practices (say that 3 times!) has provided guidance on Form I-9 software programs that pre-populate Section 1 of the Form I-9 with data already entered into the software program. In our June 12 posting, we blogged that Immigration and Customs Enforcement (ICE) … Continue Reading
An Administrative Law Judge of the National Labor Relations Board has once again weighed in on acceptable attire in the workplace. The Judge decided that an employer improperly disciplined a union employee for wearing a t-shirt that had the word “slave” along with a picture of a ball and chain. The decision follows on the … Continue Reading
