Employment and Immigration Law Package

The Connecticut Law Tribune

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Employment Law: Government Shutdown Means Legal Status Delayed

By ERIN O'NEIL-BAKER

On October 1, 2013, hundreds of families across the United States were impacted by the federal government shutdown. Two of my undocumented clients were affected, when they appeared for their long-awaited decision in Hartford Immigration Court only to find a note on a locked door that read: "Immigration Court Closed Due To Government Shutdown!!!!!"

 

Employment Law: Maintaining A Green Card While Working Abroad

By LAUREN M. SIGG and MEGAN R. NAUGHTON

As businesses become more global, companies are transferring more and more employees, including managers, executives, and lawyers, to work at facilities outside of the United States. This can lead to complications, however, when the employee is a U.S. lawful permanent resident.
 

Employment Law: Employers Gain Edge In Defending Retaliation Claims

By L. KAY WILSON

June 24, 2013, was a good day for employers. Two decisions came down from the U.S. Supreme Court that bode well for defense attorneys by limiting claimants chances of prevailing on retaliation claims and claims against employers for vicarious liability for the illegal actions of putative supervisors. Each case had the exact same split, with Justices Anthony Kennedy, Antonin Scalia, Clarence Thomas, Samuel Alito and Chief Justice John Roberts joining the majority opinion, and Justices Ruth Bader Ginsberg, Stephen Breyer, Sonia Sotomayor and Elena Kagan offering dissenting opinions.
 

Employment Law: NLRB Accused Of Not Following Its Own Rules

By EDWARD F. 'BUD' O'DONNELL Jr.

National Labor Relations Board Administrative Law Judge William G. Kocol recently penned a neat summation of a complicated, but well-settled area of NLRB law. His decision very succinctly explained board policies regarding the deferral of unfair labor practice charges to the grievance and arbitration procedures in the parties' collective bargaining agreement.


Employment Law: Alt-Labor: An Introduction To Virtual Unionizing

By ROBERT G. BRODY and REBECCA GOLDBERG

Unions are dying, but union advocates are hoping they have found a virtual solution. For the last two years, only 6.9 percent of private sector workers were unionized. Many view unions as outdated — helpful for eliminating sweatshop conditions in the early 20th century, but doing little more than contributing to bloated payrolls today. Union organizers are desperate to rebrand themselves, lest they become as irrelevant in today's world as the pay phone and the VCR.
 

Employment Law: Affirmative Action Mandates For Government Contractors

By MARGARET M. SHEAHAN

For the first time ever, the federal government is imposing nose-counting requirements on contractors' hiring and retention of protected veterans and individuals with disabilities (IWDs). The moving target that is "individuals with disabilities" is reasonably familiar to the bar these days.
 

Employment Law: Dress Codes And Personal Appearance Standards

By PETER J. MURPHY

"You never get a second chance to make a first impression." Everyone reading this article undoubtedly heard this statement countless times from their parents or grandparents when growing up. In law school and early in our legal careers, we received similar advice from professors and mentors, as initial impressions matter with courts, clients, and opposing counsel.
 

Employment Law: Ask This ... Not That!

By JOHN STRETTON and STEVEN CUFF

The conversation happens every day in businesses across America. An employee approaches her supervisor and casually says, "Hey, I've got to take off at 2 o'clock for a doctor's appointment — is that alright?" The well-intentioned supervisor, seeking only to make conversation and show empathy as we, as humans, are taught to do, responds, "Sure. Everything OK?" Has the supervisor asked too much? Has the supervisor impermissibly requested the disclosure of confidential employee medical information?

 

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