Hiring

The National Labor Relations Board (NLRB) has entered into a court-mediated settlement agreement with the NLRB, VIUSA, Inc. (formerly Voith Industrial Services, Inc.) (hereinafter referred to as “the Employer”) and Teamsters Local 89 (hereinafter referred to as “the Union”).

If an employer used Form I-9, Employment Eligibility Verification, that was downloaded between November 14 and November 17, 2016, the employer should review them to ensure employees’ Social Security numbers appear correctly in Section 1.

The U.S. Citizenship and Immigration Services (USCIS) has announced multiple measures to further deter and detect H-1B visa fraud and abuse.

Fast-food executive Andrew F. Puzder has withdrawn his nomination to be labor secretary as Republican senators turned against him.

On January 17, 2017, a new rule, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” amending DHS regulations went into effect. The regulatory amendments provide for the automatic extension of the validity periods of certain Employment Authorization Documents (Form I-766) for up to 180 days if the employee:

 

  • Timely filed to renew Form I-776, Employment Authorization Document (EAD);
  • Is applying to renew such EAD in the same category as the previous EAD (A12 and C19 are considered the same category for this extension); and
  • Is in a category that is eligible for the extension.

 

For more information, please see the Auto-Extended EAD Fact Sheet (PDF, 499 KB) Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Rule.

 

Beginning January 22, 2017, employers must use the 11/14/2016 N version of Form I-9 Employment Eligibility Verification, to verify the identity and work eligibility of every new employee hired after Nov. 6, 1986, or for the reverification of expiring employment authorization of current employees (if applicable). This date is found on the lower left hand corner of the form. Prior versions of the form will no longer be valid for use. Employers who fail to use Form I-9 (11/14/2016 N) on or after January 22, 2017 may be subject to all applicable penalties under section 274A of the Immigration and Nationality Act, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE). Employers should continue to follow existing storage and retention, rules for each previously completed Form I-9. For more information visit I-9 Central. Read the USCIS News Alert: Employers Must Use Form I-9 Dated 11/14/2016.

 

The Department of Homeland Security is offering a free webinar on the new 1-9 form. The Department is offering several sessions, intended to provide information that is helpful in ensuring compliance. Go here to register, under the section “Webinar Choices” for employers.

The City of Los Angeles has passed an ordinance limiting private employers in Los Angeles from inquiring into a job applicant’s criminal history until a conditional offer of employment has been made to that individual.

Pursuant to both federal law (the Americans with Disabilities Act) and California law (the Fair Employment and Housing Act (FEHA)), disabled employees are entitled to significant protections from discrimination, harassment and retaliation in the workplace.

Cintas Corporation, a major uniform manufacturer and supplier, has agreed to pay $1,500,000 to settle a sex discrimination lawsuit filed by the U.S.

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