Tag: Employment law

Alternatives to H-1B status and the H-1B cap

by Leigh Cole H-1B nonimmigrant status allows U.S. employers to hire international workers in “specialty occupations” that require at least a bachelor’s degree or equivalent vocational preparation. Most H-1B applications are subject to an annual limit on H-1B approvals known as the H-1B cap.   Some employers are exempt from the cap, but most H-1B applications […]

Young workers’ innovative ‘whizness’ messes with ADEA limits for business

by John Phillips Recently, a piece I heard on NPR’s Morning Edition, “Does Business Innovation Depend on a CEO’s Age?”, while driving to work caused me to swerve from one lane to another. Fortunately, my swerve didn’t result in an accident, but it did ignite a cacophony of horns.  The NPR report dealt with new […]

Expedited union elections: The Canadian experience

By Brian P. Smeenk Many Canadian provinces have in recent years transitioned to an expedited union certification vote system. Votes typically take place within five or 10 business days of a union application. From the perspective of Canadian employers, this is better than the previous “card check” system that was in place in most jurisdictions […]

I-9 internal audit standards clarified

by Jesse Goldstein An acting deputy special counsel of the U.S. Department of Justice (DOJ), Civil Rights Division, recently issued a technical assistance letter explaining that during an internal I-9 audit, a company shouldn’t request documents that an employee didn’t present when he originally completed his Form I-9 or ask for better photocopies of the […]

HR skills inadequate? Research details challenges for 21st century employers

Few would deny that the human resources department has its hands full. With change bombarding the workplace at an ever-increasing pace, HR professionals feel the heat. Now, a new study examining 21st century workplace trends concludes that HR is at risk of getting burned.   The Deloitte Global Human Capital Trends 2014 report sounds a dire […]

NLRB, Congress mull changes to regulations on union elections

The National Labor Relations Board (NLRB) wrapped up a two-day meeting April 11 in which both foes and supporters spoke out about a proposed change to the rules governing union representation elections. But even before spokespersons of pro-union and pro-business interests began their statements, a U.S. House of Representatives Committee was advancing bills aimed at […]

Men don’t [take] leave

At least that’s what former NFL quarterback Boomer Esiason and radio talk show host Mike Francesa believe. Their critical comments of New York Mets second baseman Daniel Murphy, particularly those made by Esiason, recently created a storm of controversy that extended beyond just the sports world. Murphy missed the first two games of the 2014 […]

Court sends supervisor to jail

By Antonio Di Domenico We know that Canadian courts are increasingly more willing to impose significant six- and seven-figure fines on employers convicted of criminal workplace negligence or occupational health and safety violations. Indeed, we reported on two recent examples—Vale Canada Limited and Metron Construction—where the companies were given record fines in these types of […]

Rumor has it . . . the NLRB is cracking down on no-gossip policies

by Christopher J. Pyles Apologies to Adele, but the National Labor Relations Board (NLRB) has whispered some words in my ear that tell a story employers won’t want to hear. People may say crazy things ― and the NLRB won’t let a “no-gossip” policy stop them.   Pssst, did you hear? By now, most employers are […]