Sylvia Bokyung St. Clair, Author at Laborsphere

Reminder for California Employers: Immigration Status Protection

The California Labor Commissioner’s Office has recently reminded California employers of protections available to workers regardless of their immigration status. California workers are protected from unfair immigration-related practices, and it is unlawful for any employer to retaliate against a worker for exercising these protections. It is also unlawful for an employer to fail to comply with notice requirements about immigration enforcement actions at worksites. We summarize California laws that prohibit discrimination and retaliation based on immigration status.

To view the full alert, visit the Faegre Drinker website.

What if Our Business is Visited by ICE?

Immigration and Customs Enforcement (ICE) is one of several government agencies that may appear unannounced at your workplace. ICE can carry out three different actions at a place of business: inspecting employers’ Form I-9 records via a Notice of Inspection, conducting a search (commonly known as a “raid”) via a judicial warrant, or arresting and detaining an individual via an arrest warrant. ICE audits and raids cannot be prevented, but preparing now can mitigate the consequences of such government actions.

View the full article on the Faegre Drinker website.

Child Labor Law Violations: U.S. Department of Labor Issues New Assessment Procedures for Calculating Civil Monetary Penalties

On November 28, 2023, the U.S. Department of Labor’s Wage and Hour Division announced that it will assess child labor civil monetary penalties for nonserious injury and noninjury violations of the Fair Labor Standards Act on a per-violation basis, rather than on a per-child basis as it had previously done, significantly increasing the aggregate of potential penalties.

To view the full alert, visit the Faegre Drinker website.

DOJ Settles Discrimination Claims Involving Apple’s Recruitment and Hiring Practices Related to the PERM Process

The U.S. Department of Justice announced a $25 million settlement agreement requiring that Apple Inc. (Apple) pay toward a civil penalty and a back-pay fund to compensate certain individuals who were allegedly discriminated against in Apple’s Program Electronic Review Management process.

To view the full alert, visit the Faegre Drinker website here.

New California Laws for 2024 and Beyond: What Employers Should Know

California Gov. Gavin Newsom signed several laws impacting California employers in 2023. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect January 1, 2024, or later. These new laws address several topics, including expanding paid sick leave, leave of absence for reproductive loss, minimum wage increases for fast-food restaurant employees and health care workers, restraint on trade, and workplace violence prevention standards.

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DOJ Settles Discrimination Claims with Employers Using Campus Recruiting Services

In May, the U.S. Department of Justice announced that 10 employers have settled claims that they violated the Immigration and Nationality Act (INA) by posting discriminatory job advertisements on a college recruiting platform. These actions have cost individual employers over $300,000 and serve as a warning to make sure that online job boards are compliant with the INA before posting to them.

Continue reading “DOJ Settles Discrimination Claims with Employers Using Campus Recruiting Services”