By Emily Kaiser Ongoing negotiations between major U.S. business and labor interests have reflected the polarizing nature of immigration reform, while also suggesting areas of potential compromise, as lawmakers work to draft legislation that can win support from both sides of the aisle. Representatives of the U.S. Chamber of Commerce and the A.F.L.-C.I.O. have held … Continue reading
An employer willfully fails to comply with and substantially violates the Immigration and Nationality Act when it receives communication of the notice-posting requirements and fails to notify United States workers at each place where an H-1B nonimmigrant will be employed that it seeks to hire nonimmigrant workers. Camo Technologies, Inc. (CTI) participated in the H-1B … Continue reading
Employers may not terminate employees for attempting to organize, even if the employer believe that the employees are undocumented workers. In early 2009, the Flaum Appetizing Corporation terminated seventeen employees and refused to pay back wages, citing the employees’ undocumented status. The Board held that while Flaum may not be responsible for back pay should … Continue reading
Title VII of the Civil Rights Act of 1964 clearly prohibits discrimination on the basis of race, color, religion, sex, or national origin. Recently the Court of Appeals for the Seventh Circuit held that national origin is not the same as alienage status, and is not protected by Title VII. As a result, the court … Continue reading
Hear that? That’s the sound of holes being poked in one of the most common arguments for pushing undocumented workers out of America. Undocumented workers have a “negligible impact” on the wages of documented workers that work at the same firm, according to a paper released in March by the Federal Reserve Bank of Atlanta. Documented … Continue reading
International free trade agreements have enlarged the scope of labor disputes for the United States government. Recently, the AFL-CIO joined a large coalition of Honduran trade unions to ask the United States Department of Labor to take measures to protect workers’ rights in Honduras. The petition asks the Department of Labor to take all necessary … Continue reading
It should come as no surprise that many people in the United States still suffer from employment abuse. What is shocking, however, is that much of this abuse is concentrated within one class of people in the workforce. Latina working women are among the most vulnerable workers when it comes to abuse and harassment. Looking … Continue reading
A federal judge in Phoenix, Arizona has blocked police in Arizona from enforcing a section of the state’s 2010 immigration enforcement law that prohibited people from blocking traffic when they seek or offer day labor services on streets. U.S. District Judge Susan Bolton ruled Wednesday that groups seeking to overturn the law will likely prevail … Continue reading
112 million people are living in Mexico, and 52 million are living in poverty. This reality is one of many incentives encouraging Mexican citizens to attempt to migrate or immigrate in order to find subsistence for themselves and their families. Historically, Mexico relied on the Hacienda system to provide agriculture work, which kept the population … Continue reading
On February 10, the Department of Labor (DOL) issued a new rule regarding the issuance of H-2B visas, changing from an attestation system introduces in 2009 to a certification system, and adding protections for non-immigrant workers. In 2009, the DOL issued a standard for determining that there are no U.S. workers willing, able, qualified, and … Continue reading
