Global Employment Law

Nuevos Lineamientos del Aviso de Privacidad en México Requieren de una Acción Inmediata

blogs@littler.com (Littler Mendelson) — Mon, 08 Apr 2013 10:02:59 -0800

El 17 de abril de 2013, los nuevos Lineamientos del Aviso de Privacidad en México entrarán en vigor, con la imposición de requisitos extensos para la adecuada elaboración del Aviso de Privacidad y para la obtención del consentimiento del titular previamente a que los datos personales se recaben directamente de una persona o en forma electrónica a través de "cookies", "web beacons" u otros medios automatizados. Las Lineamientos son obligatorios y particularmente importantes para los empleadores que obtienen, procesan y/o transfieren datos personales de los empleados o candidatos, así como para las empresas que operan o hacen uso de publicidad en México que utilizan medios tecnológicos que permiten la obtención automática de datos personales en el Internet. Para obtener más información acerca de los nuevos Lineamientos del Aviso de Privacidad en México, continúe leyendo la nota de Actualidad Laboral de Littler, Nuevos Lineamientos del Aviso de Privacidad en México Requieren de una Acción Inmediata, escrito por Javiera Medina Reza y Eduardo Osornio García.

Mexico's New Privacy Notice Guidelines Require Immediate Action

blogs@littler.com (Littler Mendelson) — Mon, 08 Apr 2013 09:24:10 -0800

On April 17, 2013, Mexico's new Privacy Notice Guidelines will go into effect. The Guidelines impose extensive requirements for furnishing adequate data privacy notices and obtaining consent before personal data is collected directly from a person or electronically via "cookies," "web beacons" or other automated means. The Guidelines are mandatory and particularly important to employers that regularly collect, process, and/or transfer personal data about employees or job applicants, and to companies operating or advertising in Mexico that use media technology that automatically collects personal data online. To learn more about the Guidelines, please see Littler's ASAP, Mexico's New Privacy Notice Guidelines Require Immediate Action, by Javiera Medina Reza and Eduardo Osornio Garcia.

Legislative Update for the Week of March 25, 2013

blogs@littler.com (Littler Mendelson) — Mon, 01 Apr 2013 17:18:45 -0800

Senate Fails to Consider NLRB Defunding Amendment, Approves Other Amendments to Budget Resolution
The Senate approved a budget resolution last week that omits an amendment that would have withheld funds from the National Labor Relations Board to prevent it from enforcing decisions or regulations issued after three members were seated to the Board via recess appointment on January 4, 2012. Read the full post here. (March 28)

Supreme Court Concludes Second Day of Oral Arguments on Same-Sex Marriage Issue
The U.S. Supreme Court heard arguments in United States v. Windsor, the case in which the Second Circuit Court of Appeals declared the Defense of Marriage Act unconstitutional. Read the full post here. (March 27)

Supreme Court Hears Oral Argument in First Same-Sex Marriage Case; Outcome Could Significantly Impact Employee Benefits Law
The Supreme Court heard oral arguments in Hollingsworth v. Perry, the case addressing whether California's Proposition 8 can constitutionally outlaw same-sex marriages once the state has already authorized them. Read the full post here. (March 26)

PAWA Reintroduced in the Senate
Sen. Patty Murray (D-WA) has reintroduced a bill that would amend the Occupational Safety and Health Act by expanding its coverage, increasing whistleblower protections, significantly enhancing employer civil and criminal penalties for violations, and providing rights to victims and their family members during the investigation process. Read the full post here. (March 26)

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Immigration Update for the Week of March 18, 2013

blogs@littler.com (Littler Mendelson) — Mon, 25 Mar 2013 13:42:37 -0800

Senator Grassley Introduces H-1B and L-1 Visa Reform Act Designed to Eliminate Visa Fraud
The bill would require employers to post available job openings on the Department of Labor Website for 30 days prior to petitioning for an H-1B worker. Read the full post here. (March 22)

2014 H-1B Cap Opens April 1st Requiring Immediate Employer Action
The 2014 H-1B cap will open on April 1, 2013. Demand is expected to be the highest since FY2009, and it is anticipated that sufficient H-1B filings will be received by the U.S. Citizenship and Immigration Services within four to five weeks of the cap opening, so all employers considering H-1B filings should act immediately. Read the full post here. (March 25)

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Legislative Update for the Week of March 18, 2013

blogs@littler.com (Littler Mendelson) — Mon, 25 Mar 2013 13:27:02 -0800

Paid Sick Leave Bill Reintroduced in Both Chambers
The Healthy Families Act (H.R. 1286, S. 631) would allow employees to earn one hour of paid sick time for every 30 hours worked, up to a maximum of 56 hours (seven days) annually. Read the full post here. (March 21)

House Committee Approves Bill Limiting NLRB Activities Until Recess Appointment Issue Is Resolved
The U.S. House Committee on Education and the Workforce approved along party lines the Preventing Greater Uncertainty in Labor-Management Relations Act (H.R. 1120), which would require the NLRB to suspend all activities that require a three member quorum and prohibit the enforcement of any quorum-required action taken after President Obama seated three members via recess appointment on January 4, 2012. Read the full post here. (March 20)

Thomas Perez Nominated as Labor Secretary amid Controversy
President Obama has officially named a nominee to replace Hilda Solis as the next Secretary of the Department of Labor: Thomas Perez, who since 2009 has served as the Assistant Attorney General of the Department of Justice's Civil Rights Division. Read the full post here. (March 18)

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Immigration Update for the Week of March 11, 2013

blogs@littler.com (Littler Mendelson) — Mon, 18 Mar 2013 16:47:36 -0800

Disagreement and Delays over Immigration Reform Continue - Lawmakers Delay Draft of Immigration Legislation Until Early April
Lawmakers have announced that, despite meeting several times a week to write immigration reform legislation, a draft might be delayed until after the congressional recess scheduled for the last week in March and first week in April. Read the full post here. (March 15)

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Legislative Update for the Week of March 11, 2013

blogs@littler.com (Littler Mendelson) — Mon, 18 Mar 2013 16:41:21 -0800

Employers Have New Weapon Against Stale OSHA Citations
A recent U.S. Supreme Court decision will give employers facing certain Occupational Safety and Health Administration citations a powerful new defense. Read the full post here. (March 14)

NMB Updates Representation Manual
The National Mediation Board (NMB) has made revisions to its Representation Manual to reflect the voting process and election procedure changes made by the FAA Modernization and Reform Act of 2012 and related implementing regulations, as well as to include a new requirement related to the List of Potential Eligible Voters that employers must provide the NMB. Read the full post here. (March 13)

Legislation Introduced in the Weeks of February 25 & March 4, 2013
During this period measures were introduced in the House and Senate that address such topics as the minimum wage, employment taxes, labor-management relations and National Labor Relations Board Authority, wage and hour restrictions, and medical marijuana. Read the full post here. (March 11)

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Immigration Update for the Week of March 4, 2013

blogs@littler.com (Littler Mendelson) — Tue, 12 Mar 2013 14:48:01 -0800

U.S. Chamber of Commerce Supports Mandatory E-verify Law
Testifying before the House Judiciary Committee's Subcommittee on Immigration and Border Security, a U.S. Chamber of Commerce representative indicated the organization now supports a mandatory E-Verify law for all employers to be phased in over the next three years, provided that certain conditions are met. Read the full post here. (March 8)

New I-9 Form to Go into Effect on May 7, 2013
U.S. Citizenship and Immigration Services has announced that, effective May 7, 2013, employers must use a new Form I-9 for employment eligibility verification purposes. Read the full post here. (March 8)

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Spanish Language Video about Employment Eligibility Verification Released by OSC
On February 20, 2013, the Department of Justice announced the release of an informational video developed by the Office of Special Counsel for Immigration-Related Unfair Employment Practices which addresses a key area of discrimination in the Form I-9 process. Read the full post here. (March 6)

Retaliation Claim Brought Against Employer Ends in Settlement with DOJ
The Department of Justice recently reached a settlement with a national employer with regard to a complaint brought forth by an individual alleging that the company retaliated against him for threatening to pursue his legal rights under the anti-discrimination provision of the Immigration and Nationality Act. Read the full post here. (March 4)

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Legislative Update for the Week of February 25, 2013

blogs@littler.com (Littler Mendelson) — Mon, 04 Mar 2013 11:49:34 -0800

OFCCP Formally Rescinds Two Compensation Discrimination Guidance Documents and Issues Related Directive on New Procedures for Reviewing Contractor Compensation Systems
In conjunction with its formal rescission of the 2006 Standards and Guidelines, OFCCP issued a Directive that describes the procedures its compliance officers will now use when reviewing contractor compensation systems and practices. Read the full post here. (February 28)

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Immigration Update for the Week of February 18, 2013

blogs@littler.com (Littler Mendelson) — Mon, 25 Feb 2013 13:07:55 -0800

United States: ICE Increased Number of Audits and Fines in San Diego in Fiscal Year 2012
10 San Diego-based companies were fined a collective total of $173,800 during FY 2012 for various employment-related violations, including employing unauthorized workers. Read the full post here. (February 19)

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Legislative Update for the Week of February 18, 2013

blogs@littler.com (Littler Mendelson) — Mon, 25 Feb 2013 12:58:40 -0800

Legislative Roundup
Before adjourning for a week-long President's Day recess, members of Congress introduced several bills addressing such issues as the use of an individual's credit and/or bankruptcy history in employment; OSHA's Voluntary Protection Program; minimum wage for tipped employees; and OFCCP and NLRB rulemaking. Read the full post here. (February 22)

OSHA Releases Interim Final Rule and Request for Comments on Affordable Care Act Whistleblower Protection Provisions
The interim final rule sets forth the procedures and timeframes for handling retaliation complaints under section 18C of the Fair Labor Standards Act, which prohibits an employer from retaliating against an employee for, among other things, receiving a federal tax credit or subsidy to purchase insurance through the employer or a future health insurance exchange; interim rule addresses agency's investigation, hearing, and appeals procedures. Read the full post here. (February 22)

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Immigration Update for the Week of February 11, 2013

blogs@littler.com (Littler Mendelson) — Mon, 25 Feb 2013 12:54:49 -0800

Mexico: New Immigration Procedures to Obtain Work Visas for Foreign Nationals Working in Mexico
In November 2012, Mexico's National Migration Institute issued new regulations and guidance to implement immigration laws that were enacted in May 2011. These regulations significantly impact employers that currently employ foreign nationals or that intend to sponsor a foreign worker for a work visa and/or residency in Mexico. Read the full post here. (February 14)

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Legislative Update for the Week of February 11, 2013

blogs@littler.com (Littler Mendelson) — Mon, 25 Feb 2013 12:47:40 -0800

Littler Shareholder Kerry Notestine Testifies about WARN Issues at Congressional Hearing
During a hearing conducted by the House Subcommittee on Workforce Protections, Littler Shareholder Kerry Notestine outlined the potential pitfalls in relying on recent Department of Labor and Office of Management and Budget guidances regarding an employer's Worker Adjustment and Retraining Notification Act responsibilities as the specter of massive budget cuts looms. Read the full post here. (February 15)

EEOC to Hold Public Meeting to Provide Update on Strategic Plan
The Equal Employment Opportunity Commission has announced its intent to provide an update on its implementation of the Commission's Strategic Plan for Fiscal Years 2012-2016, which outlines the agency's goals and achievement benchmarks for enforcing the various anti-discrimination laws under its jurisdiction, as well as its mission to carry out education and outreach efforts. Read the full post here. (February 15)

House Subcommittee Conducts Hearing to Discuss Future of the NLRB
As a result of the recent federal court decision that President Obama's three recess appointments to the NLRB were unconstitutional, past and future Board decisions and agency actions are constitutionally suspect and open to judicial challenge, according to lawmakers and panelists during a congressional subcommittee hearing. Read the full post here. (February 14)

EEOC Seeks Recommendations for Future Investigations and Conciliations Quality Control Plan
The Equal Employment Opportunity Commission has announced that it is seeking public input on the development of a Quality Control Plan that will revise the standards used to assess the quality of the agency's investigations and conciliations of discrimination complaints. Read the full post here. (February 12)

Congressional Roundup
In addition to the many immigration-related bills that were introduced the week of February 4, 2013, legislative measures addressing password privacy, FMLA leave, the National Labor Relations Board's authority, and payroll taxes also made their debut during the first full week of February 2013. Read the full post here. (February 11)

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Nuevos Procedimientos para la Autorización de Visas de Trabajo para Extranjeros en México

blogs@littler.com (Littler Mendelson) — Thu, 14 Feb 2013 15:45:44 -0800

En noviembre de 2012, el Instituto Nacional de Migración ("INM") publicó un Reglamento y lineamientos para la correcta implementación de la Ley de Migración, misma que está vigente desde mayo de 2011. Estas disposiciones impactan significativamente a los patrones que cuentan actualmente con empleados extranjeros o que tengan la intención de apoyar una visa de residencia y/o trabajo para un trabajador extranjero en México. Para más información sobre las nuevas disposiciones en materia migratoria, continúe leyendo la nota de Actualidad Laboral de Littler, Nuevas Disposiciones en Materia Migratoria para la Autorización de Visas de Trabajo para Extranjeros en México, escrito por Rogelio Alanis Robles y Tania Terrazas Arnaldo. (For the English version, please click here)

New Procedure to Obtain Work Visa for Foreigners Working in Mexico

blogs@littler.com (Littler Mendelson) — Thu, 14 Feb 2013 15:42:58 -0800

In November 2012, Mexico's National Migration Institute issued new regulations and guidance to implement immigration laws that were enacted in May 2011. These regulations significantly impact employers that currently employ foreign nationals or that intend to sponsor a foreign worker for a work visa and/or residency in Mexico. To learn more about the regulations, see Littler's ASAP, New Immigration Procedures to Obtain Work Visas for Foreign Nationals Working in Mexico, by Rogelio Alanis Robles and Tania Terrazas Arnaldo (Para la versión en español, prosiga a leer aquí)

Immigration Update for the Week of February 4, 2013

blogs@littler.com (Littler Mendelson) — Tue, 12 Feb 2013 15:26:08 -0800

United States: Representative Issa and Gingrey Introduce Immigration Reform Bills in the House of Representatives
New bills introduced in the House of Representatives will be considered as part of comprehensive immigration reform. Read the full post here. (February 8)

United States: OCAHO Rejects ICE's Request for Near-Maximum Penalties against Restaurant for I-9 Violations
Although the restaurant admitted it did not complete the I-9 forms, and therefore violated federal law, Administrative Law Judge Ellen Thomas concluded the circumstances did not warrant fining it $935 for each missing I-9. Read the full post here. (February 6)

United States: Immigration Reform in 2013 - What U.S. Employers Can Expect
Article provides a brief background on immigration reform, discusses the potential immigration reform measures, and concludes with the potential effects of immigration reform on U.S. employers. Read the full post here. (February 5)

United States: New Bills to Address Immigration Issues Proposed in Senate
Two immigration reform bills recently introduced in the U.S. Senate will likely be included in the comprehensive immigration reform discussions currently underway in Congress. Read the full post here. (February 4)

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Legislative Update for the Week of February 4, 2013

blogs@littler.com (Littler Mendelson) — Tue, 12 Feb 2013 15:18:55 -0800

OFCCP Issues Directive on the Use of Criminal Records in Hiring
The DOL's Office of Contract Compliance Programs has issued a new directive advising federal contractors and subcontractors about potential discriminatory liability that could result from using criminal records as a screening device. Read the full post here. (February 7)

DOL Issues Final Rule Implementing FMLA Amendments Expanding Military-Related Leave Entitlements and Availability of Leave for Flight Crew Members
The Department of Labor has released a final rule that implements the Family and Medical Leave Act amendments made by the National Defense Authorization Act for Fiscal Year 2010 and the Airline Flight Crew Technical Corrections Act. Read the full post here. (February 5)

DOL Releases New 20-Year Anniversary Survey of the FMLA
The U.S. Department of Labor has released a survey of over 1800 employers and 2,800 employees. Like two prior surveys conducted in 1995 and 2000, the most recent survey measured the impact of the FMLA on employers and employees. Read the full post here. (February 5)

OSHA Issues Interim Rule on SPA Whistleblower Protections
The Occupational Safety and Health Administration has issued an interim final rule and request for comments on regulations implementing the whistleblower protection provisions set forth in the Seaman's Protection Act as amended by Section 611 of the Coast Guard Authorization Act of 2010. Read the full post here. (February 5)

Senate Responds to Noel Canning Decision
Following the U.S. Court of Appeals for the D.C. Circuit's finding in Noel Canning v. NLRB that President Obama's three January 2012 recess appointments to the NLRB were unconstitutional, the Senate reacted by introducing a number of measures that take aim at the Board's current authority. Read the full post here. (February 4)

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Immigration Reform in 2013 - What U.S. Employers Can Expect

blogs@littler.com (Littler Mendelson) — Tue, 05 Feb 2013 18:21:54 -0800

For the past decade, lawmakers have discussed immigration reform, but changes to U.S. immigration laws have been minimal. During the 2012 election campaign President Obama pledged to place immigration reform at the top of his agenda. His re-election indicates that key voting blocs support immigration reform, and analysts on both sides of the political debate predict changes to current immigration law in 2013. Most recently, President Obama announced in Las Vegas his support for various proposed reforms, with the top contenders including: relief to undocumented workers; increased immigration enforcement; and an increase in the number of visas allotted to foreign nationals with STEM (Science, Technology, Engineering, and Math) degrees. In Littler's Insight, Workplace Policy Institute: Immigration Reform in 2013 - What U.S. Employers Can Expect, by Jorge Lopez, Michelle Valerio, Carol Williams, and Scott Decker, our attorneys provide a brief background on immigration reform, discuss the potential immigration reform measures, and conclude with the potential effects of immigration reform on U.S. employers.

Immigration Update for the Week of January 28, 2013

blogs@littler.com (Littler Mendelson) — Mon, 04 Feb 2013 17:07:51 -0800

United States: Immigration Innovation Act of 2013 Introduced in the Senate
Senator Orrin Hatch (R-UT) introduced Senate Bill 169, The Immigration Innovation Act of 2013 ("I-Squared Act"). This bill has a number of aspects that would greatly benefit U.S. businesses and highly educated foreign workers. Read the full post here. (January 31, 2013)

United States: Bipartisan Immigration Plan Released
A group of Democrat and Republican senators released the Bipartisan Framework for Comprehensive Immigration Reform, the latest bipartisan effort for comprehensive immigration reform to fix the broken U.S. immigration system. Read the full post here. (January 28)

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Legislative Update for the Week of January 28, 2013

blogs@littler.com (Littler Mendelson) — Mon, 04 Feb 2013 17:02:39 -0800

Legislative Roundup
In the week following President Obama's inauguration, lawmakers reintroduced familiar legislation dealing with equal pay, whistleblower protections, immigration reform, and retirement security in bankruptcy protection. Read the full post here. (January 30)

OSHA Releases Statistics on Whistleblower Complaints
In fiscal year 2012 a total of 2,787 whistleblower complaints - the largest number to date - were filed with the Occupational Safety and Health Administration, according to newly released data published on the agency's Whistleblower Protection Program webpage. Read the full post here. (January 29)

EEOC Releases Details on Charges Filed with the Agency in FY 2012
Overall, the EEOC received 99,412 private sector charges of discrimination between October 1, 2011 and September 30, 2012, down slightly from the 99,947 charges it received the prior fiscal year. Read the full post here. (January 29)

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