On September 25 the U.S. Senate confirmed the nomination of William Emanuel to the National Labor Relations Board (NLRB). This quickly followed the previous confirmation of Marvin Kaplan, thus bringing a full complement to the five-member panel. More significantly for employers, and consistent with long-standing precedent, the sitting president of the United States appoints three members from his political party. Thus as of September 25 the NLRB is composed of three Republicans and two Democrats. This places the NLRB in Republican control for the first time since 2007.
As we have previously informed our readers, the Department of Homeland Security (DHS) has issued yet another update to U.S. Citizenship & Immigration Services’ (USCIS) Employment Eligibility Verification Form (commonly referred to as Form I-9).
Employers face several trade-offs when considering the implementation of mandatory arbitration policies. One of the positive attributes of arbitration, from an employer’s perspective, is the avoidance of a runaway jury award. However, a recent arbitration decision provides a reminder that arbitration does not necessarily foreclose a huge award.
We have previously discussed how the Department of Labor (DOL) often issues guidance to assist employers in applying and complying with the DOL’s various regulations. The federal courts generally follow this guidance when analyzing the related regulations, but they are not obligated to do so, as is evident from a recent ruling by the United States Court of Appeals for the Ninth Circuit.
Certain job advertisements have drawn media scrutiny in recent weeks, including dozens of postings seeking applicants with a “neutral” accent for language teaching, sales, and IT support jobs. Another trend, in the opposite direction, is that some advertisements are specifically directed at foreign workers with H-1B visas, as one headline said “Java Developer – (H-1B Only).”