The Executive Office for Immigration Review (EOIR) started postponing non-detained and non-represented cases on January 10, 2022. Currently, the EOIR announced that non-detained and non-represented cases are further postponed till February 7, 2022, due to COVID-19. Hearings will continue via phone or online for detained cases and non-detained individuals who are represented. Please note that…
Continue reading ›The Supreme Court on Thursday blocked the Biden administration from enforcing its vaccine-or-testing mandate for large employers, dealing a blow to a key element of its plan to address the pandemic. However, the court approved a more modest mandate mandating vaccination of health care workers in facilities that receive federal money. The emergency temporary standard,…
Continue reading ›California’s protections for Employee rights at the workplace have been expanded to include more workplace protections, new criminal liabilities for wage theft, and requirements in response to COVID-19. 1) SB 331: The “Silenced No More Act,” which prohibits confidentiality clauses relating to sex-based discrimination and harassment, is amended to impose further restrictions for Employers concerning…
Continue reading ›The Court of Appeal in Gamboa v. Northeast Community Clinic, 2021 S.O.S. 6372, held today that a defendant employer must prove that a plaintiff employee has not only agreed to the signing of the arbitration agreement, but also remembers signing it. The Court explained that a former employee’s declaration that she did not recall signing…
Continue reading ›From June 14 to September 29, 2021, USCIS erroneously rejected Form I-765, Application for Employment Authorization, from petitioners for U nonimmigrant status that were filed without a fee or request for fee waiver. USCIS also erroneously accepted fees for certain U nonimmigrant petitions that unnecessarily submitted a fee with their Form I-765. USCIS is trying…
Continue reading ›On November 4, 2021, the West Hollywood City Council approved the highest minimum wage in the nation. In a unanimous vote early Thursday morning, the city council unanimously approved a $17.64 minimum wage. The measure will take effect on January 1, 2022 for all hotel workers and on July 1, 2022 for all other workers.…
Continue reading ›On July 21, 2021, the California Court of Appeal, Fourth Appellate District, held that an aggrieved employee whose individual claim was time-barred had standing to pursue a representative claim under the Private Attorney General Act of 2004 (PAGA) on behalf of other allegedly aggrieved employees regardless of whether the employee was personally aggrieved (Johnson v.…
Continue reading ›On Wednesday, Gov. Gavin Newsom signed a new law where California became the first state to bar mega-retailers from firing warehouse workers for missing quotas that interfere with bathroom and rest breaks. The measure bars online retail giants like Amazon, from disciplining workers for following health and safety laws and allows employees to sue to…
Continue reading ›Last week, the California Supreme Court ruled in Ferra v. Loews Hollywood Hotel, LLC that California employers must pay meal period and rest break premiums at the same “regular rate” that applies to the payment of overtime. Under California law, when a non-exempt employee is not provided with a fully compliant 30-minute meal period or…
Continue reading ›Employees who are victims of wage theft are unpaid for their work, damages, and penalties. Those employees can bring a claim to the court or the Labor Commissioner to receive the wages they are owed. Successful claims can lead to a judgment being filed against the employer. Previously, there were all too many times where…
Continue reading ›
