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Results: 1-10 of 11

New developments in immigration-related litigation

  • Epstein Becker Green
  • -
  • USA
  • -
  • September 21 2012

There have been several decisions issued recently in the immigration area

DOJ sues NJ technology company for whistleblower retaliation

  • Epstein Becker Green
  • -
  • USA
  • -
  • May 31 2012

On May 22, 2012, the DOJ announced that it had filed a lawsuit charging Whiz International LLC ("Whiz"), an information technology company located in Jersey City, New Jersey, with violating IRCA's anti-discrimination provisions by terminating an employee in retaliation for expressing opposition to the company's alleged preference for hiring FNs with temporary work visas over American citizens

NLRB provides guidance on immigration issues in compliance cases

  • Epstein Becker Green
  • -
  • USA
  • -
  • May 31 2012

On May 4, 2012, the Associate Counsel for the National Labor Relations Board ("NLRB") issued Memorandum OM 12-55 ("Memorandum"), which contains case handling instructions for regional offices on how to handle immigration issues in unfair labor practice compliance proceedings

DOL assesses fines and back pay award against XECL Solutions for H-1B violations

  • Epstein Becker Green
  • -
  • USA
  • -
  • May 31 2012

On May 16, 2012, an administrative law judge ("ALJ") within the DOL issued a decision in the Matter of XCEL Solutions Corporation that imposed over $300,000 in fines and back pay awards for violations of H-1B program requirements

NLRB settlement makes E-Verify a mandatory subject of bargaining

  • Epstein Becker Green
  • -
  • USA
  • -
  • May 31 2012

In a precedent-setting settlement with the NLRB, Pacific Steel Casting Company ("PSC"), a manufacturing company in Berkeley, California, announced that it had agreed to reinstate employees and pay all lost wages and benefits to employees terminated when PSC registered and started using the DHS's E-Verify Program

NLRB rejects back pay claims of undocumented workers

  • Epstein Becker Green
  • -
  • USA
  • -
  • September 13 2011

On August 9, 2011, the National Labor Relations Board ("NLRB") issued a Supplemental Decision and Order in Mezonos Maven Bakery, Inc., 357 N.L.R.B. No. 47 (Aug. 9, 2011

DOL temporarily suspends work on prevailing wage determinations required for PERM labor certification applications

  • Epstein Becker Green
  • -
  • USA
  • -
  • September 13 2011

The U.S. Department of Labor ("DOL") recently announced that its Office of Foreign Labor Certification ("OFLC") has had to temporarily suspend processing applications for prevailing wage determinations ("PWDs"), including requests for redeterminations and Center Director Reviews

NLRB's counsel updates regions on immigration issues in NLRB proceedings

  • Epstein Becker Green
  • -
  • USA
  • -
  • June 29 2011

On June 7, 2011, Richard A Siegel, Associate General Counsel of the National Labor Relations Board ("NLRB"), issued a memorandum ("Siegel Memo") to all regional offices that contained guidance on how to address the immigration status of employees involved in representation cases and unfair labor practice cases before the NLRB

Justice Department presses immigration-related discrimination charges

  • Epstein Becker Green
  • -
  • USA
  • -
  • May 10 2011

On April 8, 2011, the U.S. Department of Justice ("DOJ") announced that it had settled allegations that LF Staffing Services Inc. ("LF Staffing") had engaged in immigration-related discrimination

H-2B reimbursements

  • Epstein Becker Green
  • -
  • USA
  • -
  • February 28 2011

On February 15, 2011, the United States District Court for the Western District of New York denied a motion to dismiss a complaint by foreign H-2B workers that alleged that their employer violated the minimum wage provision of the Fair Labor Standards Act (FLSA) by refusing to reimburse the workers' transportation, visa and recruitment expenses