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News Notes: Labor Department Proposes New Rules For Foreign Workers

The federal Department of Labor has proposed extensive changes to the process for filing a Labor Condition Application (LCA) to employ a foreign worker. The agency says that the new rules would speed up application processing, but HR professionals and immigration attorneys are less optimistic, predicting that the proposal could radically limit the situations in […]

DOL Cleanup Regs Enact Technical Changes While Rejecting More Substantive Concerns

On April 5, the U.S. Department of Labor (DOL) issued a set of final “cleanup” regulations, bringing the existing Fair Labor Standards Act (FLSA) regulations up to date with the technical changes and statutory enactments that have passed over the past few years. For example, the regulations, which took effect today, update figures and computations […]

Supreme Court to Decide if Employers Must Help Pregnant Employees

The U.S. Supreme Court will decide whether the Pregnancy Discrimination Act requires employers to accommodate pregnant employees, it announced July 1. The court agreed to review Young v. United Parcel Service, Inc., a case from last year in which the 4th U.S. Circuit Court of Appeals ruled that a corporate policy that does not include […]

Health Reform Action to Correct 30-hour week Unlikely Before 2015

Congressional aides from both chambers of Congress and both parties said they do not expect immediate action on changing health care reform’s 30-hour a week definition of a full-time workers, or on banning “skinny” health plans that do not cover major categories of health benefits. The staffers predicted that even if enrollment is lower than […]

Sexual Harassment: FEHC Finally Approves Training Rules

The California Fair Employment and Housing Commission has finally approved regulations implementing A.B. 1825, the law requiring sexual harassment training for supervisors every two years. The final rules should be ready to go into effect in February, depending on how long the Office of Administrative Law takes to review them.

Federal Court Rules Health Care Reform Provision Unconstitutional

Yesterday, the U.S. District Court for the Eastern District of Virginia held that the individual health insurance mandate provision found in the Patient Protection and Affordable Care Act (PPACA), the comprehensive health care reform legislation that President Barack Obama signed into law in March 2010, is unconstitutional. The individual mandate would require most individuals to […]

Leave Policies: Why You Can’t Automatically Terminate A Disabled Employee Whose Leave Runs Out

Zenaida Garcia-Ayala was working as a secretary for drug manufacturer Lederle Parenterals Inc. when she was diagnosed with breast cancer. Lederle held her job open during several disability leaves while she underwent multiple surgeries, chemotherapy and ultimately a bone marrow transplant. But when Garcia-Ayala’s leave finally ran out, the company fired her. She then filed […]

Canada’s temporary foreign worker program set to change

By Thora A. Sigurdson Canada’s Temporary Foreign Worker Program (TFWP) has been under fire of late. Temporary foreign workers sued Denny’s. Latin American tunnel diggers brought a human rights complaint against SELI. A British Columbia union complained that miners from China were taking jobs in northern B.C. And the Royal Bank’s decision to contract out […]