The United States has reached a new trade deal with Canada and Mexico, replacing the North American Free Trade Agreement (NAFTA) with the United States-Mexico-Canada Agreement (USMCA). The new deal is largely focused on cross-border trade and tariffs, and adopts NAFTA’s immigration provisions with minimal changes. The USMCA closely adheres to the existing standards for the temporary entry of business visitors, certain professionals (TN visa), intra-company transferees (L-1 visa), and traders and investors (E-1 and E-2 visas), and is not likely to have an impact on labor mobility across the three countries. The United States, Mexico, and Canada are expected to sign the USMCA this fall and present it to Congress in early 2019.
In a move that surprises no one, the Department of Justice (DOJ) has announced today, December 26, 2017, that it has officially withdrawn its two Advanced Notices of Proposed Rulemaking (ANPRM) related to website accessibility: one under Title II of the Americans with Disabilities Act (ADA) applicable to state and local governments and one under Title III applicable to private businesses open to the public.
The U.S. Department of Labor’s (DOL) permanent labor certification (PERM) program requires employers to conduct specific recruiting activities to test the labor market before filing an application. The regulation at 20 CFR § 656.17(f) sets forth the advertising requirements, which also apply to the Notice of Filing (NOF). This includes the requirement at section 656.17(f)(7) that the ads “[n]ot contain wages or terms and conditions of employment that are less favorable than those offered to the alien.” The DOL’s Board of Alien Labor Certification Appeals (BALCA) has come to rely on this section to uphold denials of certifications in a variety of factual situations where the agency speculates that more detail may have generated more or less interest in the open positions.
Minnesota Starts the New Year With New Rules: Lactation Breaks and Pregnancy Accommodations Law Takes Effect
As companies returned to work following the holidays, changes to Minnesota’s nursing mothers statute and pregnancy accommodations law (Minn. Stat. § 181.939) went into effect on January 1, 2022. Minnesota employers may want to take a moment to make sure their policies and practices are up to date.