Compliance and Legal

Recruiters can gain great credit for finding and securing top international talent – and rightly so.   The whole world is a talent pool today, and  the  best  people  may  be  located down the street or on the other side of the world.

Once  recruited,  paperwork  must be   completed   for   each   and   every hire  and  this  includes  the  I-9  form. The  I-9  verifies  the  identity  and  the employment authorization of each employee and is part of the federal immigration regulatory process.

A Report on Temporary Help, On-Call, Direct-Hire Temporary, Leased, Contract Company, and Independent Contractor Employment in the United States

Besides not defining the term "employee", most statutes fail to spell out who the employer is. There is potential ambiguity on this issue when businesses use temporary agency, leased, or contract workers. Although the primary employer is generally the temporary help, leasing, or contract company, the client may be regarded as a “joint employer” under some laws.

As the traditional harvest season approaches, USCIS reminds petitioners that certain fees may not be collected from H-2A and H-2B workers, according to 8 C.F.R. § 214.2(h)(5)(xi)(A) and § 214.2(h)(6)(i)(B). We realize that delays in adjudicating these petitions may affect employers’ ability to place workers in time-sensitive jobs. To avoid delays, USCIS urges petitioners to submit sufficient information regarding their recruitment efforts and the nature of fees collected from H-2A and H-2B workers.

Background

Many consumers find unsolicited email – also known as spam – annoying and time-consuming. In addition, unwanted messages sent to wireless phones and other wireless devices can be intrusive and costly. In 2003, Congress enacted the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act to curb spam. As required by the Act, the Federal Communications Commission (FCC) adopted rules that prohibit sending unwanted commercial email messages to wireless devices without prior permission.

The U.S. Equal Employment Opportunity Commission recently held a meeting with "a battery of experts" on disparate treatment in hiring. According to the EEOC, hiring discrimination continues to run rampant.

Time for a grain of salt here: According to the EEOC's press release, most of the experts were from the EEOC, or were individuals who had been denied jobs and claimed they were discriminated against. 

Fact Sheet #73: Break Time for Nursing Mothers under the FLSA

This fact sheet provides general information on the break time requirement for nursing mothers in the Patient Protection and Affordable Care Act (“PPACA”), which took effect when the PPACA was signed into law on March 23, 2010 (P.L. 111-148).  This law amended Section 7 of the Fair Labor Standards Act (FLSA).