An employee comes to your human resources department to request Family and Medical Leave Act (“FMLA”) leave for an upcoming surgery to address his longstanding back pain, which has caused him increasing difficulties at work. You determine that the employee is eligible for FMLA leave – he worked at least 1,250 hours over the past year and his medical condition will require a period of hospitalization, which makes it a “serious health condition” qualifying for FMLA protections. Once he has submitted a completed medical certification, you grant the employee’s FMLA request and provide him with an FMLA designation notice. Are you done? Not necessarily. Continue reading this entry
As the next step in a series of moves that will likely confer substantial advantages to unions in organizing campaigns, the National Labor Relations Board has resurrected proposed changes to its election rules. While the Board majority claims the changes will streamline the election process, employer groups worry they will handcuff employers’ ability to effectively oppose union organizing efforts. Continue reading this entry
The United States Department of Homeland Security (“DHS”) has been very successful in increasing the number of employers that participate in the E-Verify program. As of late January 2014, over 500,000 employers are enrolled and approximately 1,500 employers enroll each week. E-Verify is DHS’s internet-based employment authorization verification program. Participating employers complete an E-Verify case inquiry after completing Form I-9 with newly hired employees. Certain federal contractors also complete E-Verify inquiries as to existing employees assigned to perform services under a federal contract. For the majority of employers, participation in E-Verify is voluntary. However, in some circumstances, enrollment in E-Verify is mandatory (e.g., certain federal contractors and employers located in states that require E-Verify enrollment). Continue reading this entry
It’s a growing problem. Current U.S. immigration law provides few options for foreign entrepreneurs who are keen on establishing start-up companies in the United States.
Investments in the $500,000 to $1 million range may provide investors with immigration options under the EB-5 program. Some smaller investments may qualify for E-2 treaty investors visas, but this visa category is only available to nationals of countries that have the required treaty with the United States. Moreover, the discretionary rule on how much investment is actually required can be a stumbling block for small companies. Continue reading this entry
What U.S. industry recorded nearly 250,000 work-related injuries and illnesses in 2012, costing employers approximately $2 billion in expenses? If you guessed construction or manufacturing, guess again. According to the Labor Department’s Occupational Safety and Health Administration (OSHA), statistics show that the likelihood of injury or illness resulting in days away from work is higher in hospitals than in construction and manufacturing. Continue reading this entry