This article originally appeared in HR News Magazine, November 2020 Edition. Most collectively bargained contracts define procedures for resolving disputes between an employee represented by the union and the employer. Such grievance procedures generally consist of two to four steps, with the final step being an arbitration hearing before a neutral arbitrator. The arbitrator is …
All Aboard the U.S. Immigration Merry-Go-Round!
It’s becoming clichéd at this point to start off saying that 2020 has been an almost unbelievably, non-stop, surprise-filled year, in nearly all aspects of our lives. That’s particularly true for US immigration, but not necessarily only because of the COVID-19 pandemic and its effects on business and the economy. On top of the pandemic, …
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Election Day Leave Policies – What Employers Need to Know Before November 3
Even though it happens every four-years, it still tends to dominate the media, culture, and watercooler. We are, of course, talking about the presidential election. Election Day is Tuesday, November 3, but citizens have been voting in some states since late September. As the airwaves become inundated with political ads, telephones get overwhelmed with robocalls, …
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LAST CHANCE AGREEMENTS – A Useful Tool
A Last Chance Agreement (“LCA”) is an agreement between the employee and the employer, usually as a last effort to avoid termination, where the employee must agree to the LCA as a condition of employment to keep their job. An LCA is typically structured so the employee agrees that if the employee engages in one …
EEOC RESUMES ISSUANCE OF CHARGE CLOSURE DOCUMENTS
On August 3, 2020, the United States Equal Employment Opportunity Commission (EEOC) announced that it will resume issuing charge closure documents. The EEOC had suspended issuing charge closure documents on March 21, 2020 due to the pandemic, unless a charging party requested closing charge documents be issued. Although the EEOC has continued to investigate cases, …
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“I Lost the H-1B Lottery… Now What?” Four Nonimmigrant Visa Alternatives to Employ for Foreign Professionals
Every year, U.S. employers seeking to employ foreign nationals petition United States Citizenship and Immigration Services (“USCIS”) for work authorization under the H-1B visa program. Employment positions qualify for an H-1B visa when the job requires (1) theoretical and practical application of a body of highly-specialized knowledge and (2) attainment of a bachelor’s or higher …
Determining When a COVID-19 Illness is “Work-Related” and “Recordable” Under OSHA Guidance
With the exception of certain low-risk industries, many employers with more than 10 employees, especially those employers engaged in manufacturing, are required under law to keep a record of serious work-related injuries and illnesses. In our current climate, questions arise: is COVID-19 a “recordable illness?” And under what circumstances should employers record? Under its May …
U.S. Supreme Court Extends Title VII Protections to LGBTQ Employees
On June 15, 2020, the United States Supreme Court, in the case of Bostock v. Clayton County, Georgia, affirmatively answered the long-awaited question of whether Title VII of the Civil Rights Act of 1964 (“Title VII”) protection extends to LGBTQ employees. In a 6-3 decision, the court held that an employer who terminates an employee …
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Preparing for the Worst: Issues in Employment Law for Re-Opening Businesses
Businesses are gradually starting to re-open around the United States. While the past months have been unprecedented and created numerous challenges for employers, it is important to remember that employment laws generally do not have any exceptions for pandemics. For example, even though older persons appear to be more susceptible to COVID-19, employers may not …
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COVID-19: Unemployment Benefits for Temporary Foreign Workers
Employers confronting business interruptions and shut-downs in the wake of the first COVID-19 wave face challenging workforce decisions about whether they need to lay-off or terminate workers. Employers having a workforce partially comprised of temporary foreign workers (i.e., workers holding work visas such as H-1B, L-1, E-1/2, E-3, TN, O-1, etc.) confront additional layers of …
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