Quirky Questions

Real Life Employment Law

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A New Question Every Week

Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent.

This Quirky Employment Questions Blog addresses unanticipated questions regarding the workforce.

We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines.

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Author: Ieva Aubin

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

 

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The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration selection process. Since then, we have seen an exponential increase in those vying for a coveted H-1B lottery selection. The odds for selection have decreased significantly. As such, it is...

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Back to the Past: In-Person Document Inspection for I-9 Forms Resumes

 

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The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) is ending employers’ ability to remotely inspect I-9 documents on July 31, 2023.  Employers will have an additional 30 days, until August 30, 2023, to ensure that all required physical inspection of identity and employment eligibility documents is completed. All U.S. employers must complete a form I-9 for every...

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Which Provisions of California’s So-Called ‘Sanctuary State’ Legislation Affecting Employers are Currently in Effect?

Which Provisions of California’s So-Called ‘Sanctuary State’ Legislation Affecting Employers are Currently in Effect?

 

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While portions of California’s Immigrant Worker Protection Act have been enjoined, employers remain subject to notice obligations. California passed a statute limiting the extent to which employers could cooperate with federal immigration officials. Litigation quickly ensued, and a recent decision enjoined enforcement of part of the law, while leaving other provisions unaffected. With the speed of the news cycle, employers...

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Quirky Question # 238, No Laughing Matter – Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement

Quirky Question # 238, No Laughing Matter – Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement

 

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Question: My company relies on independent contractors, over whom we don’t exert control. They often joke around with each other. I’m not liable for employment discrimination if I terminate one of them after they complain about another, right?

VIEW ALL POSTS ABOUT: Discipline and Discharge, Independent Contractors, Retaliation