http://www.elinfonet.com/ Employment Law Articles covering topics from age discrimination to WARN. Sat, 21 Nov 2009 22:11:19 EST en-us http://www.elinfonet.com/newscount.php?popID=8694 Article: 8694 Fri, 20 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) As reported on Littler's Global Immigration Counsel Blog on November 5, 2009, the Government of India's (GOI) Ministry of Home Affairs (MHA) released guidance on permissible use of Business Visas and Employment Visas by foreign nationals visiting India. This development has significant implications for multinational corporations (MNCs) sending employees to India on short-term assignments. This article provides an update regarding this uncertain legal development based on feedback from companies whose employees have been directly affected by this situation. http://www.elinfonet.com/newscount.php?popID=8693 Article: 8693 Fri, 20 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) In the past, the death of the sponsor or "principal beneficiary" in an immigration process usually spelled the end of the alien's ability to immigrate based on that relationship. A new provision, slipped into the conference report of the recent DHS appropriations bill signed by President Obama on October 28, 2009, changes that. Anyone who has suffered the death of a relative through whom he or she hoped to immigrate should immediately contact competent counsel to determine if the opportunity might be salvaged. http://www.elinfonet.com/newscount.php?popID=8692 Article: 8692 Fri, 20 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) ICE announced interim results for the 650 I-9 audits it announced in July and announced it has begun 1,000 new audits nationwide with a focus on critical infrastructure and specific leads. Meanwhile, ICE finally revealed its new schedule for assessing fines for "knowing" and paperwork I-9 violations arising from the audits. DHS also announced a plan to encourage employers using E-Verify to publicize that participation to customers. http://www.elinfonet.com/newscount.php?popID=8691 Article: 8691 Fri, 20 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The Department of Homeland Security’s Immigration and Customs Enforcement (“ICE”) announced on November 19 that it would begin delivering I-9 audit notices immediately to approximately 1,000 employers across the country associated with critical infrastructure. From initial reports, it appears that the notices are primarily subpoenas for I-9 and supporting documentation. http://www.elinfonet.com/newscount.php?popID=8690 Article: 8690 Fri, 20 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Jackson Lewis has learned that the Office of Federal Contract Compliance Programs will continue using Corporate Scheduling Announcement Letters (CSALs). Patricia Shiu, OFCCP’s new Director, has shared that OFCCP will send CSALs to federal contractors at least for the current OFCCP fiscal year, which runs from October 1, 2009 through September 30, 2010. http://www.elinfonet.com/newscount.php?popID=8689 Article: 8689 Fri, 20 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Today's difficult economic and financial climate has many companies considering various cost-cutting measures, including layoffs, reduced workweeks, pay reductions and voluntary furloughs. These actions raise wage and hour questions that often are overlooked. The unwary employer may reduce payroll costs but wind up with a wage and hour lawsuit as a result. The good news is that a well-informed employer can avoid such risks. http://www.elinfonet.com/newscount.php?popID=8688 Article: 8688 Thu, 19 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) An influenza pandemic could have a major effect on the economy and all areas of commerce and employment. Business planning for pandemic influenza is essential to minimize a pandemic's impact. In the event of an influenza pandemic, employers will play a critical role in protecting employees' health, safety, and overall well-being. http://www.elinfonet.com/newscount.php?popID=8687 Article: 8687 Thu, 19 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Almost every workplace has one - the disgruntled employee who frequently complains to supervisors and co-workers. http://www.elinfonet.com/newscount.php?popID=8686 Article: 8686 Thu, 19 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) According to Occupational Safety and Health Administration statistics, nearly 20 percent of all OSHA inspections are prompted by a complaint, typically from a current or former employee. Pending legislation that proposes dramatic increases in employee involvement in the inspection and citation process threatens to raise this percentage and increase the likelihood of unfavorable inspection results and more severe penalties, as a direct consequence of individual employee input. Proposed whistleblower protections that protect employees from retaliation if they make a complaint or get involved will likely bolster employee confidence to complain and participate in inspections. This increased employee involvement and a change in whistleblower protections, coupled with the anticipated overall swell in OSHA enforcement activity and increased penalties, may potentially expose employers to significantly greater liability for safety infractions than in the past, as well as create substantial employee relations problems. http://www.elinfonet.com/newscount.php?popID=8685 Article: 8685 Thu, 19 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) On November 17, 2009, U.S. Citizenship and Immigration Services (USCIS) released updated information on H-1B non-immigrant visa petitions for Fiscal Year 2010 (beginning October 1, 2009), stating that as of November 13, 2009, it has received 55,600 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, and that it has approved all 20,000 visa petitions needed to meet the U.S. master’s degree cap. If USCIS receives any new H-1B petitions filed under the U.S. master’s degree cap, those petitions will now count towards the regular H-1B cap of 65,000. USCIS will continue to accept new H-1B visa petitions filed under both the regular and U.S. master’s degree caps and monitor the number of petitions received, since not all petitions can be approved.