Category Immigration

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 […]

Lack of Labor Law Protections Result from Anti-Immigration Policies

While it is important to understand the construction and application of labor and employment law, it is equally important to acknowledge that there are still gaps in the law that allow for the exploitation of millions of workers in the United States. Undocumented immigrants in states that have passed anti-immigration legislation represent a prime example […]

DOL announces comprehensive final rule on H-2B foreign labor certification program

On February 10, 2012 the U.S. Labor Department announced that it had finalized a rule on H-2B foreign labor certification program which aims to make jobs more accessible to U.S. workers.  The H-2B program allows foreign non-immigrant workers to enter the United States for a temporary period to work in agricultural and other seasonal work.  […]

NPR: Alabama’s Immigration Law May Get A Second Look

Whoever said “all P.R. is good P.R.” probably never had dozens of protesters gathered in front of the office calling them “Hitler.” That’s what happened during a recent lunchtime in the Birmingham, Ala., business district, as students from several local colleges held a mock funeral in front of a bank. They accuse the company of […]

Employers Can’t Fill Jobs Under New Alabama Immigration Law

Alabama’s draconian new immigration law arose out of popular concern over the nation’s stagnantly high unemployment rate and concern over controlling immigration. But the law, which compels police officers to question individuals they suspect of being undocumented immigrants and punishes businesses that hire them, has the unintended consequence of leaving many Alabama employers with vacant […]

NYT: “In Alabama, Calls for Revamping Immigration Law”

BIRMINGHAM, Ala. — An increasing number of state lawmakers say they are willing to consider critical changes to Alabama’s sweeping anti-immigration law, part of which appears to make proof of citizenship or legal residency a requirement even for mundane activities like garbage pickup, dog licenses and flu shots at county health departments. As they learn […]

Southern California Carwash Workers Obtain First Union Contract

Los Angeles carwash workers signed on October 25, 2011 the first union contract of the industry. The agreement was reached after years of effort led by the CLEAN Carwash Campaign, a coalition of the United Steelworkers and the non-profit CLEAN (Community-Labor-Environmental Action Network).   The campaign was initiated in 2008 in the Greater Los Angeles […]

DOJ Appeals Alabama Immigration Law Ruling

The Beason-Hammon Alabama Taxpayer and Citizen Protection Act (popularly referred to as the “Alabama immigration law”) was signed by Governor Robert Bentley on June 9th, 2011 and went into effect on September 29th, 2011. The law includes some of the strictest immigration-related provisions passed by any U.S. state, which include: allowing local and state law […]

Immigration Case on SCOTUS 2011-2012 Docket

The Supreme Court recently granted certiorari to an immigration case which will affect whether admitted resident aliens and their out-of-status children may accrue the right to seek leniency against government threats of deportation in the same amount of time. Under federal law, individuals who have been lawful permanent residents for at least five continuous years […]

Department of Labor Notice of Proposed Rule-making

In an announcement on September 2, 2011 the Department of Labor announced that it is planning to revise the child labor regulations of the Fair Labor Standards Act pursuant to recommendations from the National Institute of Occupational Safety and Health. The revisions include increased parity between the non-agricultural and agricultural labor provisions, revise the exemptions which […]