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H-1B petitions for FY 2012 being accepted beginning April 1

March 22nd, 2011

U.S. Citizenship and Immigration Services (USCIS) will start accepting H-1B petitions subject to the FY 2012 cap on April 1, the agency announced March 18. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted, not the date that the petition is postmarked.
USCIS [Read more...]

Pregnancy discrimination verdict stands, but back pay award vacated under after-acquired evidence doctrine; IRS determination on independent contractor status would have led to lawful termination

March 21st, 2011

A jury verdict finding that a county sheriff discriminated against a female technician based on her pregnancy when she was transferred and later terminated was sufficiently supported by evidence at trial, ruled a federal district court in Florida (Holland v Gee, March 17, 2011, Covington, B). However, because the employee could have been discharged the [Read more...]

With case law favoring employees and looser standards to meet, is retaliation really worth the risk?

March 21st, 2011

As a matter of common sense, retaliating against employees for engaging in protected activity is pretty risky business. Yet, EEOC regional attorney John Hendrickson wonders whether legal counsel have neglected to tell employers just how dangerous retaliation is — and it’s so easy to avoid, he chides.
Speaking to attendees at the Chicago Bar Association’s annual [Read more...]

Jury wrongly instructed on FMLA claim of worker with multiple chemical sensitivity; trial court’s error in adopting reasonable cause requirement not harmless

March 18th, 2011

A federal district court improperly instructed a jury on a former city employee’s FMLA interference claim by improperly placing the burden on her to prove that she was denied reinstatement without cause, held the Ninth Circuit (Sanders v City of Newport, March 17, 2011, Paez, R). Because it concluded that the error was not harmless, [Read more...]

Recognition based on personal performance is key to capturing employee commitment, study finds

March 18th, 2011

Personalized recognition based on personal performance, innovation and mastery of skill are key to capturing the intellectual and emotional commitment of employees, according to a new study by the Incentive Research Foundation (IRF). The study finds today’s highly educated work force responds to more tailored, non-cash incentive plans that celebrate creativity and promote best practices. [Read more...]