Tag: White Paper

H-2B Visa Cap Reached for 2006

The U.S. Citizenship and Immigration Services (USCIS) has announced that the cap has been reached for H-2B work visas for the final six months of 2006. The H-2B visa program allows employers to request foreign workers to fill a one-time, peak-load, intermittent, or seasonal need for labor when no workers are available in the local […]

Hiring: How Do We Handle Pressure from Hiring Managers?

I understand that under the Americans with Disabilities Act, we shouldn’t make an offer of employment until we have done all our other evaluative processes. For example, we should say the offer is contingent on passing a physical. But our hiring managers put pressure on us to get the offer out before we get a […]

Wage and Hour: What Are the Pros and Cons of Classifying Salaried Employees as “Salaried Nonexempt?”

Our VP of HR wants me to evaluate whether we should consider applying “salaried nonexempt” status to some of our nonexempt employees. I’m having trouble nailing down exactly why a company would choose to do this, and also, how it would work. I understand that the employees still get overtime, so what’s the point? — […]

Employer Reporting: New EEO-1 Form Finalized

For the first time in four decades, the U.S. Equal Employment Opportunity Commission (EEOC) has made big changes to the EEO-1 Report, which provides the government with workforce profiles by ethnicity, race, and gender, divided into job categories. According to the EEOC, the new format “recognizes the shifting demographics of today’s workplace” and will provide […]

New Ruling on Liability for Injuries to Contractor’s Employee

In a series of cases in recent years, the California Supreme Court has discussed the circumstances under which an employee of an independent contractor can sue the hirer of that contractor for work-related injuries, rather that just collect workers’ compensation benefits. Now the high court has further clarified when you can be sued for damages […]

Disability Bias: Verdict Upheld for Worker Refused Reinstatement Based on Past Violent Behavior; What to Do

When Joshua Josephs applied for a service tech position with Pacific Bell Telephone Co., he checked “no” to the job application question, “Have you ever been convicted of, or are you awaiting trial for, a felony or misdemeanor?” Josephs was hired for the position, which required him to install and repair phones unsupervised in homes, […]