Authored by Mercedes Badia-Tavas, and Jeff Papa. President Donald Trump’s executive order in April 2017 entitled “Buy American and Hire American” (BAHA) is leading to proposed regulatory changes by the Department of Homeland Security (DHS), which will affect U.S. employers intending to hire and sponsor qualified foreign nationals in specialty occupations for the H-1B visa. Given these expected changes may occur with little advance notice, planning by human resource and legal departments at U.S. companies is key to maintaining lawful global talent in the U.S….
Employers who are facing wage and hour lawsuits which include a Private Attorney General Act (PAGA) claim would be happy to know that on December 29, 2017, an appellate panel determined that any plaintiff who settled his/her individual claims is subsequently barred from continuing with a claim under PAGA. A three-judge panel for the California Court of Appeal for the Second Appellate District affirmed a 2016 ruling issued by Judge Kenneth R. Freeman of Los Angeles Superior Court that awarded summary judgment to…READ MORE
Employers can expect to benefit from real-life answers to some real-employer wage-and-hour questions now that the U.S. Department of Labor (DOL) reinstituted 17 Advisory Opinion Letters that had been originally issued in 2009, but subsequently withdrawn during the Obama administration. Such opinion letters provide formal, detailed analysis and answers to employers who pose FLSA compliance questions to the DOL. The opinion letters are published on the DOL website, thus any employer who happens to have the same or a similar compliance issue can…READ MORE
On January 10, U.S. Immigration and Customs Enforcement (ICE) agents commenced employment audits at nearly 100 7-Eleven franchises across the U.S., signaling the biggest crackdown on suspected illegal workers since President Trump took office. The raids resulted in 21 administrative arrests. Following the raids, ICE Deputy Director Thomas Homan said in a statement: “Today’s actions send a strong message to U.S. businesses that hire and employ an illegal workforce: ICE will enforce the law, and if you are found to be breaking the law,…READ MORE
Authored by Mercedes Badia-Tavas and Jeff Papa. On Jan 4, 2018, U.S. Customs and Border Protection (CBP) issued a guidance, Directive 3340-049A, governing Border Searches of Electronic Devices. The purpose of this directive is to assure that the “authority for border search of electronic devices is exercised judiciously, responsibly and consistent with public trust.” The business community has viewed these searches as a cause of anxiety and concern for all employees regardless of status, that require due diligence and forethought. Over the past several…READ MORE