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
On August 27, 2013, the Office of Federal Contract Compliance Programs (OFCCP) published the final rules regarding affirmative action for protected veterans and individuals with disabilities.
These rules, which will become effective on March 24, 2014, require federal contractors and subcontractors to substantially change their affirmative action programs for veterans and individuals with disabilities.
In addition, the rules require contractors and subcontractors to update various notices, contract clauses, forms, advertising taglines, EEO surveys, and impose several additional data collection and recordkeeping requirements. Because the changes required by the final rules are substantial, federal contractors and subcontractors should be meeting with management, IT personnel, and their legal advisors now to ensure compliance with the new regulations.
Join Foley attorneys Dan Kaplan and Carmen Couden for a two-hour practical discussion regarding the changes required by the final rules and the specific steps contractors should be taking to comply. Continue reading this entry
On January 22, 2014, the federal Office of Management and Budget (OMB) approved the voluntary disability self-identification form which federal contractors must use to invite applicants and employees to voluntarily disclose whether they have, or ever had, a disability. The approved form will be utilized by the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) under the final rules implementing Section 503 of the Rehabilitation Act, which become effective March 24, 2014. Continue reading this entry