In a typical asset sale transaction, the purchaser takes great care to disclaim any responsibility for the seller’s business debts. When the seller is a sponsor of a defined benefit pension plan, this typically includes a disclaimer for any pension liability (e.g., unpaid plan contributions, PBGC premiums, and liability upon plan termination). The purchaser will …
U.S. Proposes Change to Public Charge Grounds of Inadmissibility: Concerns for Immigrants and Nonimmigrants
On October 10, 2018, the Department of Homeland Security (“DHS”) posted a Notice of Proposed Rulemaking (“NPRM”) in the Federal Register related to the public charge grounds of inadmissibility under the Immigration and Nationality Act, as amended (“INA or the Act”) section 212(a)(4). DHS announced a proposed rule and not a final rule and indicated that …
In the #MeToo Era, Why Retaliation is the Scariest Word for Employers
With the issue of appropriate vs. inappropriate sexual conduct continuing to be the hot button topic, it is important to understand there is another related issue that remains front and center yet it remains silent, and that issue is retaliation. In terms of workplace sexual harassment as a claim in its own right, a brief …
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What Cross-Border Employers Need to Know About Applicant/Employee Background Checks
When it comes to being a cross-border employer, there are plenty of Canadian and United States laws to consider, and some of those laws regards how to conduct proper applicant/employee background checks. This piece reviews a number of background check nuisances as they exist in the United States versus Canada including: (1) How the Law …
Employment-based Immigrant Visa Availability—When to File to Adjust Status to Permanent Resident?
The Immigration and Nationality Act (“INA”) sets forth preference classes to which the yearly allotment of 140,000 employment-based immigrant visas (or “green cards”) are allocated. A new yearly allotment of employment-based immigrant visas becomes available on October 1 of each year, the first day of the federal government’s fiscal year. The yearly allotment of immigrant …