Category: Immigration

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Expanding Overtime to Farmworkers: Will California Start a Trend?

On September 12, 2016, California Governor Jerry Brown signed AB 1066.  The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in California. California law defines employees “employed in an agricultural occupation” broadly to include any employment relating to … Continue Reading

A Not-So Happy New Year for California Employers: 2014 Legislative Update

It has become an annual New Year’s tradition in California — employers getting up to speed on a host of new employment laws that will affect them in the coming year. The California Legislature was busy in 2013 imposing new burdens on employers for 2014 and beyond. We previously blogged about an increase in the state minimum … Continue Reading

Now in Effect: New FMLA Poster and I-9 Form!

As a friendly reminder, employers must update two key employment forms this month.  As of March 8th, employers must begin using the most recent FMLA poster issued by the Department of Labor.  The updated poster reflects the DOL’s final rule concerning military related leave available under FMLA.  The DOL has also issued new FMLA forms to … Continue Reading

Utah: 2011 Legislative Session Winners and Losers

The 59th legislative session of the Utah State Legislature ended last week. Below is a list of the winners and losers from legislative session preview post on February 18, 2011(and a couple of notable additions). WINNERS  Immigration – Three highly controversial immigration bills affecting employment passed Utah’s House and Senate and were signed by Governor … Continue Reading

Utah Immigration Legislation Remains Up In the Air (UPDATED)

Immigration was one of the top issues in the 2011 Utah Legislative session, which concluded last week. Contrary to early predictions, Utah did not adopt a carbon-copy of Arizona’s controversial immigration law. In fact, even the “enforcement” legislation, which got so much attention before the session, passed only after it was amended to remove language that some … Continue Reading

Oregon: 2011 Legislative Session Preview

Oregon’s 76th Legislative Assembly convened on February 1, 2011. The Legislature has wasted no time introducing a multitude of new labor and employment bills, some with potentially far reaching effects. Below is a (non-exhaustive) list of some of the more interesting bills up for debate: Civil Rights: HB 2035 — Standardizes statute of limitations period for filing … Continue Reading

Utah: 2011 Legislative Session Preview

The 59th legislative session of the Utah State Legislature convened in January, and several labor and employment-related bills were introduced. We’ve highlighted some of the more interesting bills below.    Immigration – Immigration is an issue that has been a subject of intense debate in Utah and nationally and multiple bills have been proposed on the … Continue Reading

Homeland Security Announces Temporary Protected Status for Haitian Nationals

Homeland Security Secretary Janet Napolitano announced last week a temporary protected status ("TPS") for Haitian nationals who were in the United States as of January 12, 2010.  The temporary status  will allow eligible Haitian nationals to continue living and working in the United States for the next 18 months.  "Providing a temporary refuge for Haitian nationals who … Continue Reading

New proposed rule from Homeland Security will rescind the controversial no-match rule

One of G.W. Bush’s controversial acts as president was issuing the no-match rule. When employers pay social security taxes, the Social Security Administration (SSA) allocates a certain amount to each employee based on that employee’s social security number. All is well and good when the employer provided numbers match the numbers on file with the … Continue Reading

E-Verify Implementation on Track for September 8, 2009

Starting September 8, 2009, employers receiving federal contracts will be required to use the new E-Verify system to check their employees’ authorization to work in the United States.  This announcement comes after several delayed attempts by the Bush and Obama administrations to implement the E-Verify rule; however, their efforts were thwarted by a stay issued … Continue Reading

Employers Should Keep Using 2/2/09 Version of Form I-9

The current version of Form I-9 (Employment Eligibility Verification) published February 2, 2009 has an expiration date of June 30, 2009, but there is no more current version.  What’s an employer to do?  For now, keep using the February 2 version, says the US Citizenship and Immigration Services.  Need the most recent Form I-9?  Click here to … Continue Reading

ICE Targets Employers by Launching I-9 Audit Program

Implementing a new audit initiative, the U.S. Immigration and Customs Enforcement Service (ICE) has served Notices of Inspection on 652 businesses nationwide.  The notices inform employers that ICE will be inspecting their I-9’s and other employment records to ascertain whether the employers are in compliance with federal immigration laws and regulations. The Obama administration appears to be taking a new approach … Continue Reading

9th Circuit Orders Damages, but Not Reinstatement for Unauthorized Alien Workers

What’s an employer to do when it is ordered to reinstate former employees, but those employees are not legally authorized to work in the United States?  Pay liquidated damages instead, according to the Ninth Circuit’s recent decision in NLRB v. C&C Roofing Supply Inc.  In C&C, the National Labor Relations Board (NLRB) alleged that the employer unlawfully … Continue Reading

Another Day, Another E-Verify Delay

It seems like just a couple days ago that we reported that implementation of the E-Verify System was delayed until June 30.  Actually, it was a couple days ago.  Well, you can forget that; the The Department of Homeland Security’s Citizenship and Immigration Service (USCIS) has announced that it will delay mandatory use of E-Verify, this … Continue Reading

E-Verify Delayed Yet Again!

Still another delay for implementation of the mandatory E-Verify system for federal contractors. The Department of Homeland Security’s Citizenship and Immigration Service (USCIS) announced for a third time that it will delay mandatory use of E-Verify, this time until June 30, 2009.  Click here to read the USCIS’s press release on the delay.  Click here for the … Continue Reading

E-Verify Delayed (Again) Until May 21

Another delay for implementation of the mandatory E-Verify system:  The Department of Homeland Security’s Citizenship and Immigration Services announced today that it will delay mandatory use of E-Verify until May 21, 2009.  Click here to read DHS’s press release.  Why the delay?  The Obama Administration wants additional time to review this and other rules that … Continue Reading

New Form I-9 Available For Download

Finally – the new Form I-9 is here!  Click here to download the new Form I-9.  Note:  the new form is for use only on or after April 3, 2009; until then, keep using the current Form I-9.   What’s the Form I-9 you ask, and what’s all the fuss?  All U.S. employers are responsible for … Continue Reading

Business Groups Sue to Block E-Verify Rule

The Society for Human Resource Management, the U.S. Chamber of Commerce, and three other groups filed a lawsuit late last month challenging the legality of an executive order that requires federal contractors to use E-Verify, the federal government’s Web-based system that uses Social Security files to ensure that employees are legal immigrants or citizens eligible to … Continue Reading

Immigration: More Changes to Form I-9 On The Way

U.S. Citizenship and Immigration Services (USCIS) last month submitted an interim final rule intended to streamline the Employment Eligibility Verification (Form I-9) process.  Click here to read the USCIS’ Press Release on the interim final rule.  One result of this new rule will be a new Form I-9, which will be made available sometime in … Continue Reading

Ninth Circuit Upholds Legal Arizona Workers’ Act

This week the Ninth Circuit Court of Appeals ruled that the Legal Arizona Workers Act (LAWA) is not preempted by the federal (IRCA).  Rather, the court held, LAWA falls within the scope of the “savings clause” of IRCA’s express preemption provision as a “licensing law” and is therefore enforceable.  A coalition of human rights and … Continue Reading

New I-9 Form Now Available

A new I-9 form is now available from the U.S. Citizenship and Immigration Services.  What’s changed, you might ask?  Good question.  Nothing substantive, merely the expiration date.  Ironically, the Paperwork Reduction Act requires government forms to carry an expiration date, and because the old I-9 form expires June 30, 2008, the USCIS has to publish … Continue Reading

Bada Bing! Executives Subject to RICO Suit for Hiring Undocumented Workers

A federal judge in Ohio ruled that an employer’s top executives are subject to a RICO lawsuit for hiring undocumented alien employees. Hager v. ABX Air, Inc., No.2:07-CV-317 (S.D. Ohio Mar. 25, 2008). RICO, the "Racketeer Influenced and Corrupt Organizations Act," is usually associated with attempts to bring down mob bosses and the "legitimate businesses" … Continue Reading
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