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Results: 1-10 of 15

New York district court finds employer violated FLSA by refusing to reimburse H-2B workers for visa, travel, and other expenses
  • Epstein Becker Green
  • USA
  • March 2 2011

On February 15, 2011, the U.S. 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 provisions of the Fair Labor Standards Act ("FLSA") by refusing to reimburse the workers' transportation, visa, and recruitment expenses


Missouri man convicted in scheme to place undocumented workers in hotels
  • Epstein Becker Green
  • USA
  • November 29 2010

On October 28, 2010, a Missouri man was convicted by the U.S. District Court in Missouri for his role in a racketeering scheme that involved placing undocumented workers at hotels in 14 states, including several hotels in the Kansas City, Missouri, area


Court strikes New York state bar to non-immigrants seeking pharmacist license
  • Epstein Becker Green
  • USA
  • October 26 2010

On September 29, 2010, a federal district court in Manhattan declared unconstitutional a New York State law that bars non-immigrants authorized to work from obtaining a pharmacist license


Fifth Circuit rules that hotel workers on H-2B visas are not entitled to recoup visa expenses under FLSA
  • Epstein Becker Green
  • USA
  • October 26 2010

On October 1, 2010, the U.S. Court of Appeals for the Fifth Circuit decided Castellanos-Contreras v. Decatur Hotels LLC, No. 07-30942 (5th Cir. Oct. 1, 2010) (en banc


Second Circuit directs discovery of immigration status in NLRB proceeding to determine eligibility for backpay
  • Epstein Becker Green
  • USA
  • March 2 2011

On February 18, 2011, the U.S. Court of Appeals for the Second Circuit issued its opinion in NLRB v. Domsey Trading Corporation, Docket Nos. 10-3356, 08-5165, 08-4845 (2d Cir. Feb. 18, 2011), reversing a decision of the National Labor Relations Board ("NLRB") and remanding the proceeding for discovery into the immigration status of employees who might otherwise be eligible for backpay awards


Ninth Circuit affirms injunction barring enforcement of Arizona's immigration law
  • Epstein Becker Green
  • USA
  • May 10 2011

On April 11, 2011, the U.S. Court of Appeals for the Ninth Circuit issued a 2-1 opinion affirming a district court decision declaring that several sections of Arizona's immigration law, SB 1070, are preempted by federal law and, therefore, unconstitutional


Tenth Circuit Court of Appeals finds Oklahoma E-Verify law unconstitutional
  • Epstein Becker Green
  • USA
  • February 25 2010

On February 2, 2010, the U.S. Court of Appeals for the Tenth Circuit upheld a District Court determination that the mandatory E-Verify provisions of The Oklahoma Taxpayer and Citizen Protection Act of 2007 were pre-empted by federal immigration laws


H-2B oil rig workers win bid to amend overtime action
  • Epstein Becker Green
  • USA
  • February 25 2010

On January 13, 2010, the U.S. District Court for the District of New Mexico granted the motion by two foreign rig hands to amend their complaint


Courts continue to apply RICO to immigration violations
  • Epstein Becker Green
  • USA
  • April 28 2010

The federal courts continue to uphold claims under the Racketeer Corrupt Influenced Organizations Act ("RICO") that involve immigration violations


Third Circuit rules that DOL retains authority to punish H-1B violations
  • Epstein Becker Green
  • USA
  • April 28 2010

On April 12, 2010, the U.S. Court of Appeals for the Third Circuit held that the DOL retained authority to impose sanctions on a temporary staffing company for violating H-1B visa procedures, even though it acted more than 19 months after the deadline contained in the INA