USCIS Reports that H-1B "Cap" for FY2014 has been Reached and Exceeded in just one Week

In a development sure to embolden proponents of comprehensive immigrant reform, U.S. Citizenship and Immigration Services (USCIS) has announced that the annual "cap" on H-1B petitions has been reached within just one week of opening the H-1B filing period. Under current U.S. law, USCIS makes 65,000 regular H-1B visas and 20,000 advanced degree H-1B visas available starting April 1st of each year. As a result, in an annual flurry of activity, employers submit their petitions for H-1B workers on or as soon after April 1st as possible. This year, USCIS reports that it had received 124,000 H-1B cap-subject petitions by April 8th. More ›

H-2B Program in Chaos: DOL's Overreach Leads to halt on most Petitions

The H-2B visa program allows U.S. employers to bring foreign workers to the United States to perform temporary, unskilled, and non-agricultural work. Warm-weather employers across the country—including park districts, amusement parks, and landscaping companies—–rely upon the program to fill out their annual workforce. As of March 22, 2013, however, for reasons explained below, the U.S. Citizenship and Immigration Service (USCIS) has completely halted the processing of most new H-2B petitions. More ›

mployment Contract’s Choice-Of-Law Provision Governs Question of Arbitrability, Court of Appeal Rules

In Harris v. Bingham McCutchen, the California Court of Appeal, Second Appellate District held that the drafter of an adhesion contract could not avoid the contract’s choice-of-law provision in determining the enforceability of an arbitration provision.

Harris sued her employer, alleging it had wrongfully terminated her employment after she requested reasonable accommodations for a disabling sleep disorder. More ›

One-Sided Employment Arbitration Agreement Unconscionable, Court of Appeal Rules

In Compton v. Superior Court, the Court of Appeal, Second Appellate District, ruled that an arbitration agreement that the employer required an employee to sign as a condition of employment was unconscionable — and therefore unenforceable — because its terms were asymmetrical in the extreme, favoring the employer over the employee.

Among other things, the arbitration agreement required the parties to arbitrate common law contract and tort claims, statutory discrimination claims, and claims for violation of statutes and/or regulations. However, the arbitration agreement excluded workers compensation and unemployment benefit claims. It also excluded injunctive or equitable claims arising from alleged unfair competition and trade secret or confidential information disclosures. More ›

Customs and Border Patrol Announces New Paperless Form I-94, with Implications for Employers

On March 27, 2013, the Customs and Border Patrol (CBP) issued a final interim rule describing its plans for introduction of a new, electronic Form I-94 Arrival/Departure Record for use at sea and air ports of entry. The Form I-94 is completed by all individuals lawfully entering the United States, and can be used by such individuals as evidence of alien registration, immigration status, and/or employment authorization. The paperless Form I-94 will be phased in at air and sea ports of entry beginning on April 30, 2013; individuals entering by land will continue to utilize paper Forms I-94. More ›

EEOC Sues Toys "R" Us On Behalf of Deaf Job Applicant

The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued retailer Toys “R” Us for failing to provide an interpreter to assist a deaf job applicant during an interview.

The case raises the interesting question of whether an employer must provide an interpreter for job seekers who are deaf.  The EEOC claims that such a step is one of the reasonable accommodations for disabled workers required by the federal Americans With Disabilities Act (“ADA”). More ›

School District Prevails in Title VII Retaliation case Filed by Basketball Coach

A high school girls varsity basketball coach sued a school district for gender discrimination after the school failed to hire her as the boys varsity basketball coach. The court found in favor of the coach and ordered the district to hire her as varsity coach for both the boys and girls basketball teams. More ›

Plaintiff Can’t Avoid CAFA Removal by Stipulating to Damages Cap

A stipulation by a class-action plaintiff that he and the class will seek damages that are less than the threshold for jurisdiction under the Class Action Fairness Act of 2005 (CAFA) does not defeat federal jurisdiction under the Act. More ›

Denial of Class Certification as to Alleged wage and hour Violations Affirmed by Court of Appeal

In Daily v. Sears, the Fourth Appellate District, Division One, affirmed the trial court’s granting of the defendant’s motion to preclude class certification.

Plaintiff Dailey was a former employee of Sears, who asserted wage and hour claims individually and on behalf of a proposed class of similarly situated managers and assistant managers.

Dailey argued that Sears uniformly categorized Managers and Assistant Managers as exempt from overtime and meal/rest break requirements, but nonetheless implemented policies that had the effect of requiring the proposed class members to work at least 50 hours per week, spending the majority of their time on nonexempt activities. Sears argued that determining how the class members actually spend their time requires individualized evidence and cannot be proven on a classwide basis. The trial court granted Sears’ motion. More ›

EEOC Findings not Dispositive in Employee’s Discrimination Suit

Just because the EEOC finds that an employee was subjected to a retaliatory termination does not mean an automatic win in the courts. The plaintiff-employee in this case learned that the hard way. More ›