Immigration

Legislative Update for the Week of April 7, 2014

Leg Roundup Image 132 by 140.jpgLittler Shareholders Maury Baskin and Michael Lotito Testify at NLRB Public Meeting
Nearly 50 speakers have or are slated to testify during the National Labor Relations Board's 2-day public meeting on the proposed expedited or "ambush" election rule. The Board sought input on approximately 20 different issues stemming from the proposed rule, which would make significant changes to pre- and post- representation election process. Among the speakers were Littler Shareholders Michael Lotito and Maury Baskin, who testified specifically about the proposal's expedited timing of the pre-election hearing; the requirement that an employer identify all potential bargaining unit issues in its statement of position or forever waive them; the types of matters that should be resolved at the pre-election hearing; and how the rules should address voter lists.  Read the full post here. (April 11, 2014)

Congress: Heal Thyself
Many private employers, and the agencies under the federal executive branch, provide regular sexual harassment training to their employees.  Yet, one notable employer, the United States Congress, does not. Rep. Jackie Speier (D-CA) seeks to bridge that gap. On Tuesday April 8, 2014, she introduced a resolution to amend the Rules of the House of Representatives to require members and their staff to take "a specific program of training in the prevention and deterrence of sexual harassment in employment." The annual training would be two hours for new members and employees, and one hour thereafter. Read the full post here. (April 10, 2014)

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US and Mexico Sign Agreement to Promote Enforcement of Employment Laws that Protect Migrant Workers

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By Carlos Ferrán Martinez Carrillo

The Secretary of the U.S. Department of Labor (DOL) and the Secretariat of Labor and Social Welfare of Mexico (STPS) signed an agreement on April 3, 2014, to strengthen the relationship between both nations and promote compliance of the labor laws of both countries, especially as it relates to the protection of migrant workers. Through this joint effort, both governments seek to ensure that migrant workers become more knowledgeable of their legal rights, as well as of the employer's obligations.

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Tags: Migration

Immigration Update for the Week of March 24, 2014

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Employers Should Anticipate Tougher Worksite Enforcement Efforts in the Near Future
In a recent report entitled "U.S. Immigration and Customs Enforcement's Worksite Enforcement Administrative Inspection Process," Acting Assistant Inspector General for Audits Mark Bell discussed the results of an audit of U.S. Immigration and Customs Enforcement's ("ICE") worksite enforcement processes. The purpose for the audit was to determine whether ICE was meeting directives set out in the 1986 Immigration Reform and Control Act. The report concluded that ICE has been inconsistent in its enforcement policies and made recommendations to improve ICE's implementation of its worksite strategy and uniformly strengthen its fine and audit procedures. Read the full post here. (March 28, 2014)

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Legislative Update for the Week of December 16, 2013

Leg Roundup Image 132 by 140.jpgBill Prohibiting Pre-Employment Credit Checks Introduced in Senate
Sen. Elizabeth Warren (D-MA) has introduced a bill that would prohibit employers from asking prospective employees about their credit histories or obtaining such information through a consumer or credit report.  In addition, the Equal Employment for All Act (S. 1837) would amend the Fair Credit Reporting Act (FCRA) to prevent employers from discriminating against employees on the basis of their credit worthiness.  The bill would make an exception for jobs that require a national security clearance or where credit information is otherwise required by law.  Notably, the bill does not include exceptions for positions in the financial services or banking industries. Read the full post here. (December 19, 2013)

 

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Legislative Update for the Week of November 4, 2013

Leg Roundup Image 132 by 140.jpgAgencies Issue Final Rules Governing Mental Health Parity and Addiction Equity Act
The Departments of Labor, Treasury, and Health and Human Services have released final rules implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA), which requires parity between mental health or substance use disorder benefits and medical/surgical benefits with respect to financial requirements and treatment limitations under group health plans and group and individual health insurance coverage. Read the full post here. (November 8, 2013).

EEOC to Hold Public Meeting on National Origin Discrimination
On Wednesday, November 13 at 9:30 a.m. ET, the Equal Employment Opportunity Commission (EEOC) will hold a public meeting on national origin discrimination in today's workplace. Topics of discussion include various recruitment and hiring issues; discriminatory treatment in assignments; pay discrimination; language and accent issues; effective communication and access issues; harassment; and retaliation. Read the full post here. (November 7, 2013)

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Immigration Update for the Week of October 14, 2013

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E-Verify Instructions to Employers Following the Government Shutdown
The Department of Homeland Security (DHS) announced on October 17, 2013 that E-Verify is once again available for use by employers following the end of the government shutdown. During the government shutdown, E-Verify users were unable to access their accounts, verify the employment authorization of new hires, or reconcile any pending tentative non-confirmations in E-Verify. Now that E-Verify is again available, DHS has released guidance and instructions to employers who were impacted by E-Verify's temporary unavailability. Read the full post here. (October 17, 2013)

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Tags: Migration

Immigration Update for the Week of October 7, 2013

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Bills Signed into Law in California will Benefit Undocumented Residents
On October 5, 2013, California Governor Edmund G. Brown, Jr. signed several pieces of immigration-related legislation that will benefit undocumented residents. The office of the Governor described the laws as designed to "enhance school, workplace and civil protections for California's hardworking immigrants." The Governor added that "While Washington waffles on immigration, California's forging ahead, . . . I'm not waiting." Read the full post here. (October 8, 2013)

House Democrats Introduce Comprehensive Immigration Bill Designed to Receive Bipartisan Support
On October 2, 2013, Rep. Joe Garcia (D-FL) introduced the Border Security, Economic Opportunity, and Immigration Modernization Act (H.R. 15), a comprehensive immigration reform bill modeled on Senate bill 744, which the Senate approved on June 27, 2013. As of October 6, the bill had 161 co-sponsors. Read the full post here. (October 7, 2013)

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Tags: Migration

Immigration Update for the Week of March 18, 2013

Imm Roundup Image 134 by 131.jpgSenator Grassley Introduces H-1B and L-1 Visa Reform Act Designed to Eliminate Visa Fraud
The bill would require employers to post available job openings on the Department of Labor Website for 30 days prior to petitioning for an H-1B worker. Read the full post here. (March 22)

2014 H-1B Cap Opens April 1st Requiring Immediate Employer Action
The 2014 H-1B cap will open on April 1, 2013. Demand is expected to be the highest since FY2009, and it is anticipated that sufficient H-1B filings will be received by the U.S. Citizenship and Immigration Services within four to five weeks of the cap opening, so all employers considering H-1B filings should act immediately. Read the full post here. (March 25)

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Immigration Update for the Week of March 11, 2013

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Disagreement and Delays over Immigration Reform Continue - Lawmakers Delay Draft of Immigration Legislation Until Early April
Lawmakers have announced that, despite meeting several times a week to write immigration reform legislation, a draft might be delayed until after the congressional recess scheduled for the last week in March and first week in April. Read the full post here. (March 15)

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Tags: Migration

Immigration Update for the Week of March 4, 2013

Imm Roundup Image 134 by 131.jpgU.S. Chamber of Commerce Supports Mandatory E-verify Law
Testifying before the House Judiciary Committee's Subcommittee on Immigration and Border Security, a U.S. Chamber of Commerce representative indicated the organization now supports a mandatory E-Verify law for all employers to be phased in over the next three years, provided that certain conditions are met. Read the full post here. (March 8)

New I-9 Form to Go into Effect on May 7, 2013
U.S. Citizenship and Immigration Services has announced that, effective May 7, 2013, employers must use a new Form I-9 for employment eligibility verification purposes. Read the full post here. (March 8)

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Tags: Migration