labor lawAdivision of labor law center

The Department of Homeland Security recently outlined new restrictions for employers who receive stimulus finds to hire foreign workers through the H-1B visa program.

The most recent regulations were announced by the U.S. Citizenship and Immigration Services (USCIS) on March 20, 2009.

Employers who receive TARP funds will need to provide additional statements to the U.S. Department of Labor showing that they have made good-faith attempts to fill the positions with qualified American workers. In addition, the employers are not permitted to pay the foreign workers less than American workers with the same skills.

The new regulations are generated under the Employ American Workers Act or EAWA, a portion of the ARRA signed on February 17, 2009. The new provisions are in effect only until February 17, 2011 (unless extended by law.)

H-1B visas are granted to highly-skilled, temporary foreign workers for a maximum of 6 years. The visas are granted to just 65,000 workers per year, although an additional 20,000 visas are granted to workers with a master’s degree or equivalent. Many of the H-1B visas are granted to workers in (more…)

Under new regulations issued by the Oregon BOLI or Bureau of Labor and Industries, food servers can opt to waive their unpaid meal breaks, but not their paid rest breaks.

Tipped Oregon food service workers over the age of 18 may opt out of their required 30-minute meal breaks if they like. The employee must complete a waiver form, available in English or Spanish from the BOLI website.

Employers cannot require an employee to waive breaks, or coerce employees to do so under the new regulations. Either the employer or the employee can revoke the waiver at any time by written notice.

However, if the employer has a signed, non-revoked waiver on file, the employee (more…)

 A tragic case in California illustrates exactly why federal legislators recently passed stiffer penalties for employers who fail to provide safe working conditions for workers under the age of 18.

GINA, the recently passed Genetic Information Non-disclosure Act, provides for a $50,000 fine for any employer who is found in violation of a safety regulation, resulting in the death of a worker who is a minor.

Recently, the California Department of Industrial Relations’ Division of Occupational Safety & Health (DIR/Cal/OSHA) issued six citations in the sad death of a 17-year-old female Hispanic farm worker. Even more tragically, this death could easily have been prevented if the employer had taken a few minutes to comply with a few simple safety rules.

Maria Vasquez Jimenez died of (more…)

Alaska employers are invited to comment on new workers’ compensation regulations proposed by Labor Commissioner Clark “Click” Bishop.

The Alaska Department of Labor and Workforce Development recently proposed new regulations aimed at making workers’ compensation hearings more ethical.

Workers’  compensation hearings are held when the employer or employee does not agree with the original finding. Often, this is because an employee is denied workers’ compensation and feels that he or she was entitled to it.

Under the proposed regulations, a new (more…)

Alaska employers are forewarned that the state Labor Commissioner is focusing on safety regulations regarding the use of cranes in the workplace.

A number of serious crane accidents in New York and across the country have prompted these changes. More recently, a crane tipped over and crushed a spectator during a building ceremony in Oklahoma. Other fatal crane accidents have taken place in Nevada, Florida and Texas in just the past few months.

The Alaska Labor Commissioner Click Bishop (more…)