California Labor and Employment Updates for 2018

CapitolThe California Legislature has passed the following labor and employment bills, which will become law effective January 2018.

PRIOR SALARY AND PRIOR CONVICTIONS

Salary History Information

AB 168 prohibits employers from asking job applicants for “salary history information,” which includes both compensation and benefits.  But where an applicant “voluntarily and without prompting” discloses salary history information, the employer may rely upon the information in setting the applicant’s starting salary.  As a result, questions about prior salary may not be asked in job applications or interviews by an employer or an agent of the employer.

Additionally, AB 168 requires employers to provide the pay scale for a position if the applicant requests it.  This bill makes California the first jurisdiction in the country to require that employers provide applicants with the pay scale for a position, upon “reasonable request.”

This bill applies to employers, both private and public, and will become effective January 1, 2018. Continue reading

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California Minimum Wage Increases on January 1, 2018

minimum wageCalifornia Minimum Wage Rate Increase

Beginning on January 1, 2018, the minimum wage in California will increase to the following:

  • Employers with 25 employees or less must pay employees at least $10.50 per hour, and
  • Employers with 26 employees or more must pay employees at least $11.00 per hour.

Keep in mind that some California counties and cities have higher minimum wages with which employers must comply.  Cities and counties are allowed to establish minimum wage rates that are higher than state and federal minimum wage laws.  When there are conflicting requirements in the laws, the employer must follow the stricter standard – the one that is the most generous to the employee.

Prior to 2012, only five localities had their own minimum wage laws.  In the last five years, the trend towards more expansive local minimum wage amounts has caught on in cities and counties across the state.  Currently, 39 counties and cities have enacted their own minimum wage laws.  For information on the latest minimum wage laws in U.S. cities and counties, click here.

The following are minimum wage rates for some major California counties and cities: Continue reading

“It’s Beginning to Look a Lot Like… Terminations This Holiday Season”

holiday partyGiven the recent tidal wave of allegations of sexual harassment in politics, the entertainment industry, and social media, employers may want consider the following guidelines in preparation for their company holiday events where alcohol and off-site events may create a combustible mix of unwanted behavior by one employee to another.

Holiday parties may be an excellent opportunity for employees to socialize outside of the confines of the office, and to reward employees for their service, but they can also give rise to employer liability in the absence of appropriate precautions. Before planning your next holiday soiree, review the potential pitfalls and solutions below so that your event can be full of cheer, rather than unpleasant lawsuits.

  1. Serving Alcohol at Company Functions

wine glassesWhile having alcohol available may make typical water cooler conversations less awkward, and can be a way for people to let off steam and celebrate, it can lead to liability for employers in the form of vicarious liability, sexual harassment, social host liability, and other potential issues. Continue reading

Immigration As Usual? Moving Forward in Times of Uncertainty

by Anthony Mance, Esq. and Jennifer Grady, Esq.

Recent announcements by the Trump Administration declaring enhanced vetting of current immigration cases; talks in Congress about major proposed changes to the immigration laws; and constant media discourse regarding the future of DACA, the Travel Ban, employment-based visas, and increased waiting times, may have the effect of chilling immigration applications.  However, with the right information, and a plan that takes these changes into account, it is still possible to submit a successful immigration application.  We discuss the latest updates, and our recommended responses, below.

I. “Enhanced Vetting”

TRUMPOne of the major elements of President Trump’s Presidential Campaign was the promise that he would take a hard line on immigration.  Since he has become President of the United States, this promise has materialized into a policy that enforces existing immigration laws by applying stricter review of immigration applications. Commonly referred to as “enhanced” or “extreme” vetting, the practice requires that the United States Citizenship and Immigration Services (USCIS) spend more time reviewing immigration applications, conducting additional background security checks, adding in-person interviews. Continue reading

The Grady Firm, P.C. Adds Global Expansion and Relocation Advising Department to Support Multi-National Corporations

globeIn response to multi-national corporations’ growing need to move personnel across borders, The Grady Firm has emerged as an outsourced Global Mobility Department that provides expansion and relocation services to innovative companies.  The Grady Firm helps companies relocate their employees from abroad to the United States, while assisting companies with their expansion to several countries around the world.

 

Domestically, The Grady Firm provides to companies seeking to bring employees to the United States, and/or open a U.S. subsidiary:

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  1. Immigration Strategy and Analysis for companies seeking long-term and short-term solutions.  We develop a plan to assist owners, employees, and their dependents with visa, Green Card, and Citizenship applications;
  2. Employment law counseling and support for Human Resources Departments, including assistance with hiring, disciplining, and terminating employees; creating and monitoring E-Verify accounts; I-9 compliance; medical leave advising; on-site sexual harassment training in English and Spanish; on-site company investigations; and ongoing counsel for employment law concerns as companies grow and expand;
  3. Drafting contracts, such as employment agreements, severance agreements, independent contractor agreements, and client services agreements;
  4. Corporate advising and creation of US subsidiaries;
  5. Facilitate preparation of a comprehensive tax strategy for the company and its employees by working closely with our network of licensed tax advisors; and
  6. Provide referrals to our network of CPAs; real estate brokers; and payroll, insurance, employee benefits, recruiting, marketing, and credit card processing companies.

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Jennifer Grady, Esq. to Provide Guest Lecture at UCLA’s International Trade and Commerce Program

uclaOn November 30, 2017, Jennifer Grady, Esq. will provide a guest lecture to students at the University of California, Los Angeles, International Trade and Commerce Program as part of their course entitled, “Doing Business in the U.S.”  Ms. Grady will discuss corporate formation options for California entrepreneurs, and immigration visa options, including the Specialty Occupation H-1B visa; J-1 Trainee visa;  TN visa for professionals from Mexico and Canada; the E-2 Investor Visa for new and existing US businesses; and the and L-1A option for executives, managers, and entrepreneurs opening an office of an existing foreign business in the United States.

View More: http://elyanaphotography.pass.us/jennifer

Jennifer A. Grady, Esq.

“Doing Business in the U.S.” is a course offered through UCLA Extension.  It provides entrepreneurs, business managers, and international trade professionals with key business and cultural insights to do business within the mainstream U.S. market. Topics include an overview of the U.S. economy, regional and national demographics and cultural dynamics, business customs, framework of the U.S. legal system, marketing strategies, and negotiating tactics. Continue reading

What Can Employers Learn From the Harvey Weinstein Scandal? Tips from an Employment Lawyer on Preventing Sexual Harassment in the Workplace

by Jennifer A. Grady, Esq.*

Harvey WeinsteinAs Harvey Weinstein’s decades of sexual harassment in the work place dominates the headlines on the heels of other scandals involving Bill O’Reilly, Bill Cosby, President Trump, Billy Bush, and former President Bill Clinton, it is time to explore ways that we all can take tangible action to help make sexual harassment and violence extinct, whether it is through awareness, outreach, personal restraint/responsibility, and/or formal training.  While claims against powerful individuals continue to surface in the media and on social media, and companies adjust their response polices, one thing is clear: sexual claims are very real, very expensive, and very destructive.

In fact, one in three women have experienced sexual harassment in the work place, and employers have doled out over $40.7 million in settlements (not including cases that went to trial) were reported by the Equal Employment Opportunity Commission (EEOC) in 2016.  In addition, California Government Code Section 12940(k) requires that all employers “take all reasonable steps necessary to prevent discrimination and harassment from occurring.” Continue reading

The Grady Firm, P.C. Expands to Orange County with Irvine, CA Office

Irvine officeThe Grady Firm, P.C. is pleased to announce the opening of its new office in Irvine, California, to better serve the needs of its clientele in Orange County.  The Grady Firm, P.C. offers services in Business, Immigration, Employment, and Intellectual Property law.  The Irvine location supports the growing economy in technology, life sciences, professional services, and healthcare in Orange County, and is conveniently located with easy access to John Wayne Airport and the 405, 55, and 73 freeways.

The firm’s managing partner, Jennifer Grady, Esq. is a former Irvine resident and graduate of University High School.

See our firm’s Yelp page for reviews of the Irvine office and our Beverly Hills headquarters.

The Irvine Office is located at:

19800 MacArthur Blvd.
Suite 300
Irvine, CA 92612
+1 (949) 354-3201 Continue reading

The Grady Firm joins MAPLE Canadian-US Business Council Delegation to Toronto; Partners with Canadian Immigration Firm to Offer Cross-Border Services

maple-jg-with-sign-e1507223473277.jpgOn September 21-22, 2017, Jennifer Grady, Esq. participated in a delegation of the MAPLE® Canadian-U.S. Business Council of Southern California on a cross-border networking event in Toronto, Ontario.  The delegation visited nine leading innovation, enterprise, and government organizations and hosted a sold-out cross-border networking reception to connect with Toronto-area business leaders.  A panel presentation called “Doing Business with Southern California” featured speakers from Economic Development & Tourism, Business and International Development at Greater Irvine Chamber in Orange County, and the World Trade Center Los Angeles.

Maple JG

Outside MaRS Discovery District

The following organizations provided the delegation with insight into their work and shared opportunities for cross-border collaboration:

  • EY Canada
  • JLabs Toronto
  • MaRS Discovery District
  • Royal Bank of Canada
  • Ryerson University Digital Media Zone
  • Toronto Board of Trade
  • Toronto Global
  • Toronto Rehabilitation Institute
  • U.S. Department of Commerce

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What You Really Need to Know About the Rescission of DACA

DACA.jpg

On September 5, 2017, Attorney General Jeff Sessions announced that the Deferred Action for Childhood Arrivals (DACA) program is being rescinded.  The Department of Homeland Security personnel will take all appropriate actions to execute a wind-down of the program, consistent with the parameters established in Tuesday’s Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA) (hereinafter, “Memo”).

On September 6, 2017, fifteen states and the District of Columbia filed a suit in the United States District Court for the Eastern District of New York seeking to stop the rescission.  During his candidacy for president, Donald Trump said that he intended to end DACA on “day one” of his presidency.

What Is DACA?

On June 15, 2012, under the Obama Administration, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. Continue reading

The Grady Firm to Join MAPLE Business Council Delegation in Toronto, Canada, September 21-22, 2017

TorontoAs part of their cross-border mission to promote investment, trade and entrepreneurship between Southern California and Canada, MAPLE Business Council is leading a two-day business delegation to Toronto, Ontario on September 21-22, 2017.
The purpose of the mission is to provide delegates with a turnkey opportunity to take the pulse of Canada’s financial capital and North America’s 4th largest market. The mission will include private briefings with leading innovation, government and business organizations, and will create valuable networking connections across sectors at its Thursday night cross-border reception at Teknion Collaboration Hub.
The Delegation will be joined by Southern California service providers, business leaders, exporters, and Economic Development Organizations such as the World Trade Center Los Angeles, The Greater Irvine Chamber of Commerce, and The Grady Firm, P.C.  The delegation will meet with representatives from the following organizations:

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Governor Brown Signs 40 New Bills into Law

Governor brown signs lawsCalifornia Governor Jerry Brown signed forty new bills into law on Friday, September 1, 2017.  The theme of many of these new laws is to “enhance public safety.”

Among the 40 pieces of legislation that Jerry Brown approved was a bill aimed at protecting undocumented immigrants who assist law enforcement in solving a crime. AB 493 prohibits police from detaining or turning over an individual who is a crime victim or witness “exclusively for any actual or suspected immigration violation.”

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USCIS Will Now Require Interviews for Adjustment of Status to Permanent Residency Applications (I-485)

According to the USCIS website:

uscisWASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States. This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.

Effective Oct. 1, USCIS will begin to phase-in interviews for the following:

Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).

Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated. Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types.

attorney client“This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”

Conducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States.  USCIS will meet the additional interview requirement through enhancements in training and technology as well as transitions in some aspects of case management.

Additionally, individuals can report allegations of immigration fraud or abuse by completing ICE’s HSI Tip Form.

How Will This Affect Your Application?

This means that if you filed an application for a Green Card (Adjustment of Status with an I-1485 form) or for asylum, you may now have to attend an in-person interview. This may delay current applications, but the length of the delay remains to be seen.  We will know more after this policy goes into effect on October 1, 2017.

If you have any questions about your Green Card application, or would like to adjust your status to that of Permanent Resident, schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (323) 450-9010; or fill out a Contact Request Form.

About The Grady Firm, P.C.

JGrady Firm-Logo-2016The Grady Firm, P.C. is dedicated to providing exceptional legal counsel to entrepreneurs and their families at all stages of the business life cycle. We deliver superior customer service and holistic strategies tailored to each client’s background and goals.  As a truly global practice, The Grady Firm attorneys provide the business, immigration, employment, intellectual property, and cultural counseling that U.S. and foreign entrepreneurs need to be successful in a new market. Our tech-savvy, multi-lingual attorneys are fluent in Spanish, Italian, German, and Farsi.  They are licensed in California, and can practice immigration and intellectual property in all 50 U.S. states.  With offices in Beverly Hills and San Diego, California, the firm serves clients from around the world.

*This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.

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H-2B Visas for Temporary Non-Agricultural Jobs at Hotels, Ski Resorts, Landscaping Companies, and Entertainment Companies

ski instructorThe H-2B program permits United States employers and agents to bring foreign nationals to the United States for the purposes of filling temporary, non-agricultural jobs.  An H-2B visa is generally used for non-specialty employees who will fulfill a temporary, seasonal, peak-time, or one time employment position.  The H-2B classification is commonly used by employers such as hotel resorts, ski resorts, landscaping companies, and entertainment companies that have a regular, temporary need for trained, unskilled labor.

The H-2B application process involves multiple steps and two separate government organizations: United States Citizenship and Immigration Services (USCIS) and the Department of Labor. Continue reading

USCIS Releases New I-9 Form to Be Used by September 2017

i-9USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17, 2017. Download instructions are available on the Form I-9 page. Employers can use this revised version, or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17, 2017. However, on Sept. 18, employers must begin using the revised form with a revision date of 07/17/17 N. Employers must continue following existing storage and retention rules for any previously completed Form I-9.

Revisions to the Form I-9 instructions:

  • USCIS changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, “Immigrant and Employee Rights Section.”
  • USCIS removed “the end of” from the phrase “the first day of employment.”

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