






Let’s Get Ready To Rumble:
The Employee Free Choice Act.
On March 10, 2009 the Employee Free Choice Act was introduced in the House and the Senate.
We’re ready for it. Are you?
Unprecedented changes are presenting themselves at a staggering pace in business with aggressive plaintiffs, class actions, an ongoing immigration crisis targeting employers, a new union alliance focused on aggressive organizing, and increasing regulatory enforcement
This challenging business climate demands a different type of legal representation with even more aggressive approaches to pro-active planning and legal defense. We will continue to push the envelope in representation, long term strategic planning, training, union avoidance campaigns, and employment litigation defense.
Written by Michael C. Saqui & Jared A. Jefferson
National Front: National Labor Relations Board
Yesterday, February 2, 2010, the Senate Committee on Health, Education, Labor, and Pensions (HELP) held a hearing on the re-nomination of Craig Becker to become a member of the National Labor Relations Board (NLRB). As we previously informed you, Becker was nominated once by President Obama, but that nomination was squashed when Senator John McCain put a hold on it and the Senate returned the nomination to the White House for reconsideration. Since then, President Obama decided to re-nominate Becker.
Written by Michael C. Saqui & Jared A. Jefferson
The Washington Times is reporting that an internal audit done by investigators of the Social Security Administration (SSA) revealed many problems with the Administration's use of E-Verify. The audit revealed that the SSA failed to run E-Verify checks on 19% of the employees the SSA hired in 2008 and 2009. Additionally, the audit found that 50% of the E-Verify checks were run in an untimely manner and 44 individuals should have been spotted as tentative non-confirmations. The SSA and the U.S. Citizenship and Immigration Services (USCIS), administer the E-Verify program.
Written by Michael C. Saqui & Jared A. Jefferson
In February 2009, the American Recovery and Reinvestment Act (ARRA) gave short-term COBRA subsidy benefits for assistance eligible individuals (AEI), such as employees who were involuntarily terminated between the period of September 1, 2008 and December 31, 2009. The subsidy pays 65% of monthly health insurance premiums for these employees.
On, December 19, 2009, however, President Obama signed legislation that extended the COBRA subsidy to individuals who were involuntarily terminated between the period of September 1, 2008 to February 28, 2010. Additionally, the length of the premium assistance period that begins for any individual who qualified for the subsidy on or after February 17, 2009, was extended from nine months to fifteen months. This legislation took effect immediately.
Written by Michael C. Saqui & Jared A. Jefferson
Title II of the Genetic Information Nondiscrimination Act (GINA) took effect as of November 21, 2009. GINA prohibits employers, employment agencies, insurers, and unions from discriminating on the basis of genetic information.
Written by Michael C. Saqui & Jared A. Jefferson
Under California's workers' compensation laws, injuries that are caused to another employee due to a purely personal motivation of a third party aggressor against the victim are typically an exception to the general rule that employers are required to provide workers' compensation or medical treatment for all injures incurred by employees "arising out of and in the course of" their employment. However, Assembly Bill 1093, which became effective January 1, 2010, now creates an exception to this exception.
Read more: Workers’ Compensation Coverage Extended for Injuries Related to Discrimination
Written by Michael C. Saqui & Jared A. Jefferson
Recently, many Agricultural employers have been faced with a common problem. These employers specifically want to know whether they can ask youthful-looking employees about their age and ask those employees to provide identification to prove that they are over eighteen.
Read more: Some Minor Dilemmas: Agricultural Employers with Youthful-Appearing Employees
Written by Michael C. Saqui & Jared A. Jefferson
Effective January 1, 2010, Assembly Bill 854 will add section 273 to the California Labor Code which will impose new requirements upon Farm Labor Contractors ("FLC") and garment manufacturers. California Labor Code § 273 will require and provide the following:
Written by Michael C. Saqui and Ana Toledo
Immigration and Customs Enforcement (ICE) continues using I-9 Audits as part of their aggressive stance towards employers in enforcing immigration law.
Read more: Employers Ongoing Target of Immigration Enforcement: I-9 Audits
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| Main Office: | Other Offices: | Sacramento: |
|---|---|---|
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Fresno, CA (559) 449-8585 Palm Desert, CA (760) 469-4765 |
4120 Douglas Blvd., Suite 306-402 Granite Bay, CA 95746 Tel: (916) 782-8555 Fax: (916) 782-8545 |
The Saqui Law Group is extremely excited to launch a separate but affiliated consulting company LMAG. (Labor Management Advisory Group) a consulting company to serve our clients and partnership association members in the most cost-efficient model brought to the market place.
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