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Immigrant Visa Considerations |
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By Kara M. Maciel
As most employers are by now aware, U.S. Citizenship and Immigration Services (CIS) has received enough new H-1B1 petitions to exhaust the supply of 65,000 H-1B1 visas. The cap on H-1B1 visas was reached in record time, nearly two months before the government fiscal year to which they are allocated has even begun. Unless Congress acts to increase the cap, there will be no new H-1B1 visas available to U.S. employers until Oct. 1, 2006. |
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Employee References: The Danger in Providing Inaccurate Information |
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By Kara M. Maciel
In today's labor market, employees change jobs more frequently than in prior decades. This rise in employee mobility has increased opportunities for employers to provide references for former employees. As a recent case demonstrates, employers may confront not only claims of tortious interference and defamation for providing negative or false references to a prospective employer, but also potential negligent misrepresentation claims. |
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Workplace Romances Can Be Dangerous to Employers |
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By Kara M. Maciel
In a recent groundbreaking decision, the California Supreme Court expanded the scope of sexual harassment when it concluded that, under certain circumstances, sexual favoritism could create a hostile work environment even when employees are not the direct victims of the gender-based hostility and that a hostile work environment can exist even without sexual conduct. |
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New Regulations Issued Regarding 401(k) Plans |
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By Kara M. Maciel
The U.S. Department of Treasury and the IRS issued on Dec. 28, 2004, final regulations governing 401(k) plans. The regulations apply to plans that permit employees to make pre-tax contributions as well as those plans that provide for employer matching contributions or employee after-tax contributions. |
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EEOC Raises Attention to Color Bias Discrimination |
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By Kara M. Maciel
Most employers know that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on an individual's race, religion, sex or national origin. However, what many employers don't know can truly hurt their workforce morale and their bottom-line financials. |
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