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Ten Most Recent Federal Employment Law Articles
HUMAN RESOURCES Facebook Pictures Cause Insurer to Revoke Benefits for Depressed Woman.
Young Conaway Stargatt & Taylor, LLP - November 20, 2009
Thanks to Facebook, a Canadian insurance company has revoked the disability benefits of a woman who had been out of work for more than a year and a half due to depression. Former IBM employee Nathalie Blanchard, 29, claims that she called her insurance company when her monthly sick-leave checks stopped coming and was told that she was deemed as able to return to work based on what it had found on her Facebook page.
IMMIGRATION India Guidance on Its Visa Regimes May Create Major Change for Companies Doing Business in India.
Littler Mendelson, P.C. - November 20, 2009
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.
IMMIGRATION Death's Dominion is Reduced in U.S. Immigration.
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - November 20, 2009
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.
IMMIGRATION ICE Will Audit 1,000 More Employers, Reveals Schedule for Fines.
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - November 20, 2009
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.
IMMIGRATION ICE Announces I-9 Audits of 1,000 Employers.
Jackson Lewis LLP - November 20, 2009
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.
AFFIRMATIVE ACTION OFCCP to Continue Using Corporate Scheduling Announcement Letters...For Now.
Jackson Lewis LLP - November 20, 2009
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.
HUMAN RESOURCES Perils of Laoyffs, Reduced Workweeks and Other Payroll Reductions Measures.
Vedder Price - November 20, 2009
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.
OSHA Preparing for Pandemic Influenza: Re-Thinking Employee Health & Wellness Before a Crisis Affects Your Workplace
Fisher & Phillips, LLP - November 19, 2009
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.
HUMAN RESOURCES Managing Whiners and Complainers: How to Handle Disgruntled Employees.
Fisher & Phillips, LLP - November 19, 2009
Almost every workplace has one - the disgruntled employee who frequently complains to supervisors and co-workers.
OSHA Keeping the Ball in Your Court: Creating Allies in Your Workforce to Minimize OSHA Inspections, Citations, and Penalties
Fisher & Phillips, LLP - November 19, 2009
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.
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