Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you were able to get a “glimpse into the future” of Labor & Employment law. Check out our Facebook album with photos from the event to see if you can spot yourself or your … Continue Reading
Ver la versión en español aquí As we approach another H-1B filing season this April, we thought it would be interesting to look at the types of occupations and employers that take advantage of both the H-1B visa and permanent residence process. The U.S. Department of Labor (DOL) recently released data shedding light on who … Continue Reading
Salary history is one of the most commonly asked questions on employment applications. Knowing what a prospective employee currently earns or what they’ve earned in the past can provide you with valuable information to guide your decision as to whom ultimately to hire: It allows you to determine whether the candidate is in the same salary … Continue Reading
Ver la versión en español aquí Applicable large employers – those with 50+ full-time employees (ALEs) – under the Affordable Care Act (ACA) must satisfy the law’s “employer mandate,” meaning that they may be assessed penalties for: Failing to offer minimum essential coverage to full-time employees and their dependents Offering eligible employer-sponsored coverage that is … Continue Reading
Ver la versión en español aquí With over 400 attendees from more than 200 employers, our 26th Annual Labor & Employment Law Seminar was a huge success! Thank you for allowing us to keep you “on Track”. For the first time this year, following our morning sessions, attendees were able to choose from our “high-speed” track designed for … Continue Reading
Ver la versión en español aquí If you ring in the New Year with a list of new year’s resolutions, chances are, your business should, too. For those who prefer to learn from others’ mistakes before they become their own, here is one simple resolution to put at the top of your HR Team’s list … Continue Reading
Ver la versión en español aquí Title VII, through the Pregnancy Discrimination Act (PDA), has expressly prohibited pregnancy discrimination since 1978. Thirteen years later, the Supreme Court, in Johnson Controls, told us that even well-intentioned, but facially discriminatory, gender and pregnancy based employment policies — like Johnson Control’s policy of prohibiting fertile women from working … Continue Reading
Ver la versión en español aquí Our 25th Annual Labor & Employment Law Seminar is a wrap. Wow, 25 years goes by in the blink of an eye! Each year, our seminar continues to grow. Thank you to the attendees who have been with us from the beginning and the newcomers who attended for their first time this year. With over … Continue Reading
Ver la versión en español aquí Employers rely on background screening as part of the hiring process. Recently, numerous large, well-known employers have been accused of failing to comply with the Fair Credit Reporting Act (“FCRA”). Why is this happening? The issue is the legality of the forms these employers may be using to obtain applicants’ authorizations to collect background … Continue Reading
Ver la versión en español aquí Lots of people make New Year’s resolutions: to lose weight, quit smoking, stop procrastinating, and so on. With a week left in this very eventful year for employers, now is a great time to look back at the year we’ve had with an eye toward the challenges and concerns … 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 Earlier this month, the U.S. Bureau of Labor Statistics reported that the unemployment rate dropped to 5.9 percent, the lowest it’s been since July 2008, and employers added 248,000 new jobs to their payrolls. Given the uptick in hiring, it is a good time for employers to review their … 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 Employers who agree not to poach each other’s workers may face substantial monetary exposure. This was the lesson learned the hard way by tech powerhouses Adobe, Apple, Google and Intel in a recent California antitrust class action suit. The Silicon Valley giants and other defendants were sued in a … 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
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
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued regulations revising existing regulations under the Vietnam Era Veterans’ Readjustment Assistant Act of 1974 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973. These laws prohibit covered federal contractors and subcontractors from discriminating in employment against protected veterans and individuals … Continue Reading
In the past few days, the United States Supreme Court has issued three decisions that significantly impact employment law. We offer a brief summary of the Court’s decisions and how they impact employers. American Express v. Italian Colors. The case was not an employment law case and dealt with the less-than-sexy issue of arbitration clauses. … Continue Reading
The U.S. Citizenship and Immigration Services (USCIS) announced that, beginning March 8, 2013, employers must begin using a revised version of the Form I-9 to verify the employment eligibility of new hires. The new form will reflect a revision date (Rev. 03/08/13)N. As of the time of writing, the new Form I-9 was not available … Continue Reading
The Fair Credit Reporting Act (FCRA) is the federal law regulating, among other things, background checks that employers conduct on applicants for employment and employees. Employers who use third parties to provide background reports on employees or potential employees know that they must make certain disclosures before taking any adverse action based in whole or … Continue Reading
The Equal Employment Opportunity Commission (“EEOC”) issued updated enforcement guidance in light of recent court decisions on the use of arrest and conviction records in making employment decisions. The EEOC Enforcement Guidance can be found here. The guidance is not binding on employers but the EEOC will be enforcing Title VII with the guidance in … Continue Reading
On September 8, 2011, President Obama presented to Congress the “American Jobs Act.” Buried in the proposed bill is a section called the “Fair Employment Opportunity Act of 2011,” making it unlawful for employers with 15 or more employees and employment agencies to discriminate against job applicants based on their status as unemployed. If passed, the … Continue Reading
On his first day in office as Florida’s governor, Rick Scott signed Executive Order 11-02, mandating that state agencies under the direction of the governor to use the federal government’s E-Verify system to verify the work authorization and identity of all current employees and new hires. The Executive Order also required that all agencies under … Continue Reading
The Fair Credit Reporting Act (FCRA), the federal statute that places limits on an employer’s ability to use background checks on employees and potential hires, will soon add a new requirement. Employers’ use of background checks, and credit history checks in particular, has come under scrutiny. The Equal Employment Opportunity Commission has pursued disparate impact … Continue Reading
