Employers win foreign specialty worker ruling; the DOL is now barred from enforcing key planks of a rule against H-1B program firms
Article Abstract:
A federal court ruling in National Ass'n of Manufacturers v. Reich has undermined Labor Department use of aggressive regulatory oversight to limit employer use of the H-1B foreign specialty worker program. The program permits the employment of up to 65,000 foreign specialty workers annually, although this privilege does not accrue to employers going through a work stoppage. The court ruling barred the enforcement of offending wage interpretations against employers. The National Ass'n of Manufacturers did not enjoy complete victory, however, and the Labor Department will undoubtedly continue with its H-1B agenda.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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No papers, no rights, no safety
Article Abstract:
Household workers should be exempted from the immigration act and procedures to sponsor them for citizenship should be streamlined in order to stop the labor law violations and physical and mental abuse which many of these workers face. This employment relationship is one of unequal bargaining power since few illegal aliens dare complain or leave. An interim solution would be outreach programs to inform illegal household workers about their rights. Los Angeles' Coalition for Humane Immigration Rights has made successful strides in this area, and networks of domestic workers are another option.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Court clarifies sexual harassment tests; same-sex harassment is deemed actionable; employers may be vicariously liable, but not schools
Article Abstract:
The Supreme Court during its 1997-98 term demonstrated in a trio of sexual harassment cases, Oncale v. Sundowner Offshore Services, Faragher v. City of Boca Raton, and Burlington Industries v. Ellerth its recognition of the deterrent effect of its rulings. Oncale also recognized same-sex harassment and the latter two cases stated that an employer was liable for sexual harassment which was never reported to anyone in management. Other cases dealt with age discrimination in employment and discrimination against the handicapped.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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