The New Jersey District Court recently reiterated the importance of maintaining effective anti-harassment policies, and taking prompt and effective remedial measures following harassment complaints. In Barroso v. Lidestri Foods, Inc., 2013 WL 1314438 (D.N.J, March 28, 2013), the plaintiff alleged that he was subjected to a hostile work environment under the New Jersey Law Against Discrimination (NJLAD) as a result of several untoward actions on the part of his shift manager (who despite his title, was not a supervisor for purposes of the NJLAD). Granting summary judgment for the employer, the court explained that the employer had an effective anti-harassment policy, effective reporting mechanism, and took prompt remedial action to investigate and address the plaintiff’s complaints. Indeed, within seven business days of the plaintiff’s complaint, the employer completed an internal investigation, discussed the findings among upper management, and decided to terminate the shift manager’s employment.
United States Citizenship and Immigration Services (USCIS) has announced that starting January 22, 2017, all employers in the United States will be required to use the new version of the Form I-9 exclusively to conduct employment eligibility verification. The latest revisions to the Form I-9 were approved by the Office of Management and Budget (OMB) on August 25, 2016. The approved I-9 revisions include both “smart” features and content-based changes. The smart features will allow users to access and fill out a smart Form I-9 on USCIS’s website. The content-based revisions to the Form I-9 add new fields and update the language found in other fields.
It is not a requirement that metal/nonmetal mine operators record conditions found during workplace examinations. MSHA created a furor when it issued a program policy letter last November stating that recording of workplace examinations under 30 CFR Parts 56/57.18002 must include a description of conditions found. A reissued Program Policy Letter (No. P10-IV-3) was released on February 17, 2011. This reissued policy reaffirms earlier longstanding policy:
Starting December 22, 2010, employers seeking to sponsor foreign nationals for employment in H-1B, H-1B1, L-1 and O-1 visa categories must certify compliance with “deemed export” laws. The deemed export attestation is included on the new I-129 form recently released by U.S. Citizenship and Immigration Services (USCIS). The I-129 form is used by employers sponsoring foreign nationals in most temporary employment visa categories including the H-1B, L-1, TN and O-1.