Category Immigration

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Immigration Reform Negotiations Highlight Labor and Employment Concerns

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 […]

U.S. Dep’t of Labor v. Camo Technologies, Inc.

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 […]

Flaum Appetizing Corp. and Local 460/640, Industrial Workers of the World

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 […]

Illegal Aliens Are Not A Protected Class Under Title VII

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 […]

HuffPo: Undocumented Workers Have ‘Negligible’ Impact on Wages

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 […]

DOL Asked to Intervene in Labor Rights Violations in Honduras

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 […]

New Report Highlights Abuse, Strength of Latina Workers

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 […]

NYT: Arizona Judge Blocks Section of SB1070

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 […]

52 Million Mexicans Live in Poverty, Struggle for Work

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 […]

H-2B and the Department of Labor: The Current Big Wave

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 […]

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