08/24/2010
DHS has issued final regulations clearing the way for employers to electronically sign and store the I-9 employment eligibility verification forms that must be on file for all employees. Here are the links you need to capitalize on this initiative, which should reduce your paperwork burden.
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08/10/2010
Every employee needs a Form I-9 on file to establish his or her identity and legal work status. Now the Obama administration is pushing hard to get employers to adopt the online E-Verify employment eligibility verification system. Learn what this shift means for your HR shop.
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07/02/2010
Rep. Rubén Hinojosa, who represents the 15th District of Texas in Congress, recently announced that the U.S. Department of Justice (DOJ) has awarded $59,546 to fund a project aimed at reducing employment discrimination against Texans authorized to work in the United States regardless of their national origin.
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07/01/2010
The immigration law landscape keeps changing, and employers must keep up. Even employees who are in the United States illegally can sue you for unpaid overtime. Now you also have to be aware of another risk: Clever attorneys have begun filing RICO Act lawsuits, alleging that some employers are essentially running “mob” operations by knowingly hiring illegal immigrants.
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06/28/2010
Employers can’t use an employee’s undocumented status as an excuse for not paying minimum wage or overtime under the Fair Labor Standards Act, as the following case shows.
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06/24/2010
The U.S. Citizenship and Immigration Services does publish a Spanish-language version of the Employment Eligibility Verification Form I-9. But as noted by Gary Perl, a partner at Fragomen Del Ray in San Diego, “It’s not up to you to use that version … Employers can only use the Spanish form if their employees are in Puerto Rico.”
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06/18/2010
On May 11, U.S. Citizenship and Immigration Services announced it will begin issuing a redesigned Permanent Resident Card, commonly referred to as the “green card.” Employers should familiarize themselves with the new card by visiting the USCIS web site, as they will soon be seeing the new card presented when employees complete required Form I-9.
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06/16/2010
The owners of a Boca Raton staffing company that placed Filipino immigrants in jobs at South Florida country clubs and hotels will stand trial for human trafficking following an indictment by a federal grand jury.
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06/02/2010
Illegal immigrants who can’t legally work in the United States are still eligible for benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA), according to a recent 5th Circuit Court of Appeals decision.
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05/11/2010
The immigration landscape keeps changing, and employers must keep up. And now you also have to worry about employees who claim you hired illegal workers as a way to cut labor costs and therefore put legal workers at a competitive disadvantage. Clever attorneys have begun filing RICO Act lawsuits, alleging that some employers are essentially running “mob” operations.
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04/02/2010
E-Verify, the online tool employers can use to check the work-authorization status of new hires, wrongly clears illegal workers about 54% of the time, according to a study commissioned by the Department of Homeland Security. “Many unauthorized workers obtain employment by committing identity fraud that cannot be detected by E-Verify,” said the report by research firm Westat.
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03/29/2010
U.S. employers that want to hire workers using an H-1B visa would be wise to file their applications on or around April 1, the first day the U.S. Citizenship and Immigration Services (USCIS) will be accepting applications. H-1B visas are popular among employers that want to hire foreign workers for “professional” or “specialty” positions requiring at least a bachelor’s degree.
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03/26/2010
Newark-based PERI Software Solutions has been cited for underpaying foreign computer analysts who came to the United States under the government’s H-1B visa program. According to the U.S. Department of Labor’s Wage and Hour Division, that violated the Immigration and Nationality Act.
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03/16/2010
The federal government will begin accepting employers’ petitions for H1-B visas on April 1, the first step employers must take to hire foreign workers to fill certain “professional” and “specialty occupation” positions. A better economy means the available 85,000 visas might be snapped up fast this year. Here's how to get a jump on your competition.
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03/12/2010
Employees can always sue if they haven’t been paid for their work—even if they’re in the country illegally and not eligible to work in the United States. Employers can’t use their undocumented status as an excuse for not paying minimum wage and overtime under the FLSA.
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