It is a common feature in many sectors for potential new recruits to undertake a work trial prior to being offered a permanent role. This type of trial, normally undertaken without pay, has obvious potential for the exploitation of the would-be employee. It certainly leads to a grey area when it comes to National Minimum Wage (NMW) and National Living Wage (NLW) compliance through the question of “when is a work trial actually work?”…

In a proposed rule published in today’s Federal Register, the U.S. Citizenship and Immigration Services (USCIS) is resurrecting and modifying a previous proposal from 2011 to implement an electronic pre-registration system for H-1B cap petitions. H-1B visas are for high-skilled “specialty workers” in positions that require at least a Bachelor’s degree in a specific related field. The proposed rule would also reverse the order by which USCIS selects H-1B petitions under the H-1B cap in…

In 2017, the State of Kentucky enacted a right-to-work law, which, as you will recall from our prior posts (see here), bars employees from being required as a condition of employment to belong or financially contribute to a labor union.  (Kentucky was the 27th US state to pass a right-to-work law; in 2017, Missouri also passed a right-to-work law, but it was rejected by Missouri voters in August 2018.)  Upon the Kentucky law’s passage,…

Last week I was proud to speak at Business Forums International’s ‘Vetting and Screening’ Conference regarding the challenges faced by employers when completing right to work checks. I was delighted to share the platform with speakers from Reed Screening, The Forward Trust, Nick Mann Associates, Credence Background Screening, The Security Watchdog and NSL, who covered other vetting issues including the use of social media, managing risk, employment law, ex-offenders, GDPR and outsourcing. Delegates’ main concerns…

On November 15, 2018, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously held in Netter v. Barnes that an employee did not engage in “opposition or participation” activity protected by Title VII of the Civil Rights Act of 1964 when she reviewed and duplicated confidential personnel files without authorization.  The plaintiff, an African-American Muslim woman, worked for the Guilford County  (North Carolina) Sheriff’s Office for over sixteen years with…

The mid-term elections are still on people’s minds, as recounts and run-offs for federal congressional and state gubernatorial candidates are finally wrapping up.  Meanwhile, and largely taking a media-coverage backseat to these high-profile races, many new state initiatives became law as a result of the mid-terms, three which involved legalizing marijuana for recreational or medical use.  These new laws add to the growing body of law rife with conflict between state and federal law regarding…

The so-called “big amendment” to the Czech Labour Code is currently under preparation in the Czech Republic. The amendment consists of many interesting proposed changes, one of which, in particular, stands out: the amendment of the Labour Code’s annual leave provision.…