Legal Insights
Thought leaders from around the world contribute their perspectives on landmark cases, new legislation, and legal perspectives on new technologies, business practices, and civil procedure.
Featured Articles
The Other Shoe Drops—The NLRB’s “Contingent Workforce” Activism Continues
Timothy C. Kamin
The NLRB will now permit a single bargaining unit to include employees who are solely employed by an employer along with other employees who are jointly employed by that employer and a staffing provider, all without the consent of either employer.
The Other Shoe Drops—The NLRB’s “Contingent Workforce” Activism Continues
Timothy C. Kamin
The NLRB will now permit a single bargaining unit to include employees who are solely employed by an employer along with other employees who are jointly employed by that employer and a staffing provider, all without the consent of either employer.
Employment-based U.S. Immigration
Matthew T. Phillips
A look back at 2017 and what to expect in 2018.
The Stealth Assault on Employment-Based Immigration
Ester Greenfield
The Trump administration’s Muslim travel ban and its end of DACA (Deferred Action for Childhood Arrivals) attracted widespread comment and protest.
Q&A with 2018 Portuguese Labor and Employment and Technology Law “Law Firm of the Year” PLMJ Advogados
Best Lawyers
A Q&A with 2018 Portuguese “Law Firm of the Year” PLMJ
New Immigration Regulation Establishes Grace Periods for Terminated Foreign Workers
Andrew B. Greenfield
Upon termination, these professionals had no time to finalize their affairs, were unable to remain in the country lawfully in order to seek alternate employment or a new visa status, and immediately became deportable from the United States.
Restrictive Covenants in Michigan: A Cent, a Peppercorn, or Continued At-Will Employment
Martin C. Brook
The Michigan Supreme Court, in a 2002 case, has commented that a “cent or a pepper corn, in legal estimation, would constitute a valuable consideration.” Essentially, this means that courts refrain from evaluating the quality of the deal, i.e., whether it was good or bad for one party.
Large-Scale Immigration Raids Focus Attention on Employer Compliance With Immigration Laws
Martha J. Schoonover
The recent raids of dozens of 7-Eleven stores by U.S. immigration agents and the corresponding arrest of 21 individuals for immigration-related violations were widely covered as the largest immigrant enforcement crackdown undertaken by the Trump administration to date.
The Labor and Employment Reform that the Colombian Post-Conflict Needs
Diego Felipe Valdivieso Rueda
Ontario Court of Appeal Addresses Interplay of SERP Entitlements and Grow-in Benefits
Caroline Helbronner and Sean Maxwell
The case serves as a reminder of the importance of carefully drafting the benefit provisions in supplemental plan texts where members of the underlying registered plan are subject to pension legislation that provides for grow-in benefits on termination of employment.
The President’s Quiet Attacks on Lawful Employment-Based Immigration
Michael P. Nowlan
The president cannot unilaterally change immigration laws and regulations currently in place.
Future of H-1Bs
Diana Vellos Coker
The H-1B category has undergone significant changes recently, and more are anticipated in 2018.
Make the Workforce American Again
Michael J. Wildes
The H-1B visa program allows U.S. companies to temporarily employ foreign workers in specialty occupations, including jobs in technology, engineering, science, architecture, accounting, and business.
New York City Employers Will Soon Be Restricted in Asking Applicants About Salary Histories
Ronald Kreismann
NYC employers can no longer ask job applicants about their compensation history.
H-1Bs: The Scrutiny Continues
Marlene Z. Stanger
Last year saw an unprecedented rise in the number of requests for evidence issued by the USCIS for H-1B cases that were filed as part of the annual “Cap Case” lottery.
Buy American, Hire American Takes Its Toll on Business Immigration
Karen Gabriel Moss
USCIS is considering the reinterpretation of “may grant” language contained in the statute deeming it discretionary rather than mandatory.
Four Steps to Effectively Assist Clients in Managing Global Labor and Employment Law Issues
FordHarrison
The Top Employment Cases of 2017 and a Sneak Peek at 2018
Nonnie L. Shivers
Top employment cases of 2017 with a look at 2018.
The Other Shoe Drops—The NLRB’s “Contingent Workforce” Activism Continues
Timothy C. Kamin
The NLRB will now permit a single bargaining unit to include employees who are solely employed by an employer along with other employees who are jointly employed by that employer and a staffing provider, all without the consent of either employer.
The Joint Employer Threat to the Franchise Distribution Model
Barry M. Heller
That result would strike at the core of franchising and would risk the loss of all of the benefits that franchising has provided to franchisees, employees, and society in general.
The Building of a Virtual Border Wall
Tammy Fox-Isicoff
This virtual wall has not just adversely impacted undocumented immigrants; it has adversely impacted those seeking legal immigrant and nonimmigrant status and those wishing to extend nonimmigrant status.
The Secret War against Legal Immigration
Leila Freijy
The way the existing laws and regulations are being applied is clearly changing under the Buy American, Hire American Executive Order.
Can Fido Come to Work?
James M. Paul
EEOC files suit to require emotional support dog on truck route.
The Rise and Fall of the H-1B Worker
Kathleen Saenz Poppenger
Until recently, most people were unfamiliar with the H-1B visa, except for those seeking to take advantage of this temporary worker category.
