On September 3, 2019, Governor Gavin Newsom signed Senate Bill (SB) 778 to extend the deadline for employers to complete their Sexual Harassment Prevention Training. The deadline has been extended by a full year, from January 1, 2020 to January 1, 2021. The new bill also allows covered employers who have provided anti-harassment training in 2019 to wait two full years before providing refresher training.
The purpose of the bill is to give employers sufficient time to provide these trainings in a manner that values their importance and provides a greater impact towards improving equality in the workplace. A recent professional association survey found that over 80% of Human Resources and Operations Managers are aware of the new training requirements, but had not booked the training for their employees nine months into 2019.
On August 9, 2019, Jennifer Grady, Esq. was featured on episode 456 of The Remarkable Results Radio, with host Carm Capriotto, to discuss Sexual Harassment in the workplace and what employers can do to prevent it.
Key Talking Points
During the radio show, Jennifer and Carm discussed important points on sexual harassment in the workplace including:
One of the biggest complaints in the hospitality, retail, and service industries is the difficulty in finding and retaining a reliable workforce. Over the past few years, there has been high turnover as companies struggle to recruit and retain workers. However, for employers who need to add to their workforce, there is the option to bring workers from other countries to the United States for a temporary period of nine months out of the year. The H-2B visa permits US employers to bring foreign nationals to the United States for the purposes of filling temporary, non-agricultural jobs, typically in the hospitality, retail, and service industries, such as hotels; ski resorts; water parks; golf courses; amusement parks; restaurants; cruise ships; and the landscaping, groundskeeping, forestry, construction, and meat/fish processing industries.
Who Qualifies for H-2B Classification?
To be eligible for an H-2B visa, the candidate must be a citizen of one of the countries on the H-2B Eligible Countries List. In addition, to qualify for H-2B nonimmigrant classification, the petitioner must establish that:
There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it falls under one of the following categories:
Two female employees at a California winery were subject to repeated sexual harassment by the winery’s general manager and then subsequently retaliated against by the company. A Los Angeles jury awarded $11 million dollars to the two women. Each woman received $1 million for past emotional distress; $1.5 million for future emotional distress and $3 million in punitive damages. In addition to the $11 million dollars to the women, their attorneys will also receive their attorney’s fees.
Ford announced it would pay up to $10.1 million to settle a racial- and sexual-harassment investigation at two Chicago plants.
The other speakers in this session are Ken August of August Law Group, on International Export Agency & Distribution Agreements, and Margaret Brunk of BGI Worldwide Logistics on the fundamentals of export logistics. ETAP is hosted and produced by the Riverside County Economic Development Agency Office of Foreign Trade in a five-part weekly series lasting from May 30, 2019 through June 27, 2019 at the Rustin Conference Center in Riverside, CA. Tickets are available on Eventbrite.
Other sessions throughout the cover a range of topics including global business opportunities for small business, market research and cross-cultural communication, international trade finance and methods of payment, and e-commerce. Every session is moderated by Paul Smith, a District International Trade Office for the U.S. Small Business Administration.
On Tuesday, June 4, 2019, the U.S. House of Representatives
passed an ambitious immigration bill aimed at providing a path to citizenship
to almost 2 million undocumented immigrants, including “Dreamers” who were
brought to the United States as children.
This bill cancels and prohibits removal proceedings against certain
aliens, and provides such aliens with a path toward Legal Permanent Resident
The bill, titled American Dream
and Promise Act of 2019, would provide a 10-year conditional
permanent residency to recipients of the Differed Action for Childhood Arrivals
(DACA) program, and for other qualified young, undocumented, immigrants. To be
eligible, immigrants must have been younger than 18 when they came to the
U.S., and must have lived in the U.S. continuously over the previous
four years. Applicants will also need
to possess an American high school diploma or GED, and pass a background check.
Applicants who have committed certain crimes would be ineligible under the
GREEN CARD BASED ON MARRIAGEWEDDING SEASON SPECIAL
Before getting married, engaged couples should start preparing their application to apply for a Green Card based on marriage to their US citizen spouse so that they can apply as soon as they receive their marriage certificate. Just in time to commemorate the start of wedding season, The Grady Firm is offering $100 off on our “Gold” Green Card Application Package, now through May 20, 2019. Just mention the code, “LOVE”.
We offer several levels of service to fit any budget, beginning with our most economical Bronze package at $1,000. For applicants wanting more hands-on service, or for complicated cases, we have our Gold and Platinum packages.
*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.
Thirty-three US states, The District of Columbia, and at least 26 countries around the world have legalized the production and use of cannabis for medical, and, in some jurisdictions, for recreational use. This wave of legalization has led to a growing and dynamic industry that employs thousands of individuals and has reduced the levels of criminalization of marijuana-related crimes. Despite this changing landscape however, United States Citizenship and Immigration (USCIS) has recently made it clear that virtually any involvement with cannabis, even in jurisdictions where it is now legal, can have serious negative consequences to becoming a United States citizen.
In an April 19 USCIS policy alert, USCIS indicated that it was issuing policy guidance confirming that cannabis-related activity, even when it occurs in a jurisdiction where the activity is legal, creates a conditional bar to demonstrating good moral character for the purposes of naturalization. While USCIS has long treated cannabis-related activity as a basis for withholding immigration benefits, this new pronouncement further highlights the complex and uncertain interaction between state and federal laws, and United States immigration law.
According to the USCIS policy, “marijuana remains illegal under federal law as a Schedule I controlled substance regardless of any actions to decriminalize its possession, use, or sale at the state and local level,” a USCIS spokesperson said in a statement. “Federal law does not recognize the decriminalization of marijuana for any purpose, even in places where state or local law does.”
United States Customs and Border Protection (CBP) recently implemented a major policy change to the adjudication process of L-1 Intracompany Transferee petitions filed by Canadian citizens. Beginning in March of 2019, CBP officers at all ports of entry and pre-clearance facilities ceased adjudicating L-1 petitions for extension or renewal, including L-1A blanket petitions. CBP continues to adjudicate all new L-1 petitions for Canadian citizens and L-1 petitions for intermittent/commuter Canadian citizen employees.
CBP made this policy change after determining that the authority to extend/renew L-1 petitions falls to United States Citizenship and Immigration Services (USCIS), rather than CBP. As a result, all L-1 petitions for extension/renewal must now be filed with USCIS by mail.
Each year, the U.S. Citizen and Immigration Services (USCIS) grants 85,000 H-1B visas to applicants in “specialty occupations”. This cap has not increased since 2004, and has been greatly outweighed by demand over the last few years. Within the first five days of the 2020 fiscal year application filing period, which started on April 1, 2019, the cap was reached, as 201,011 petitions were received by April 5. This marks a 5% increase in petitions from the previous year.
Immigration legal experts at the American Immigration Lawyers Association (AILA) have lamented that the limitation on the supply of high-skilled foreign workers is detrimental to continued economic growth of the U.S. economy. H-1B visa holders and applicants are filling a critical and ever-growing void in the U.S. economy by providing needed expertise, particularly in the Information Technology (IT) and tech development industries. Without meeting the demand for these talented foreign professionals, future growth and innovation are stifled.
Even as the economy and labor demand has continued to grow in the past several years, the maximum accepted applications has remained steady for the past sixteen years. The number of applicants has surpassed the numerical cap of 85,000 for the past seven years. The next opportunity to apply for an H-1B visa is April 1, 2020, which would have a job start date of October 1, 2020 or later, depicting on when a decision is reached on an applicant’s case.
On March 19, 2019, The Grady Firm, P.C. celebrated its seventh anniversary. Since its inception in 2012, the firm has grown from supporting startups in the Silicon Beach region of Los Angeles, to adding immigration and employment law departments for dynamic, rapid-growth international clients with a California presence. The Firm has added multiple attorney specialists in each discipline, and offices in Beverly Hills, Irvine, and San Diego, California. Our network of tech-savvy, multi-lingual attorneys are fluent in Spanish, Italian, German, and Farsi. They are licensed in California, and can practice immigration in all 50 U.S. states.
In addition, the firm has partnerships with intellectual property and non-profit attorneys licensed domestically in Texas, Louisiana, and Washington, and with attorneys that specialize in immigration, business, and real estate licensed internationally in Canada, Italy, and Germany.
The Grady Firm has a diverse roster of clients that work in the fields of automotive repair, communications, construction, entertainment, beauty and wellness, fashion, life science, landscape construction and maintenance, marketing/branding, nightclubs, professional services, restaurants, retail, sports coaching, software engineering, startups, technology, and transportation.
Over the past year, we have broadened the scope of our immigration practice to include H-2B visas for ski resort and landscape industry employees, in addition to already helping our clients obtain visas, Green Cards, and citizenship based on family relations, investment or employment through the EB-1, E-2, EB-3, E-3, EB-5, F-1, H-1B, L-1, J-1, O-1, P, and TN categories.
We expanded our employment law practice as outside employment counsel/Human Resources support to our corporate clients that need help hiring, firing, and disciplining their employees, and bringing top talent to the United States from abroad. In particular, our firm helps Human Resources departments stay compliant with California’s new Sexual Harassment Prevention law that mandates training for employers with 5+ employees to train their employees on sexual harassment prevention biannually, and within six months of hire or promotion of supervisors.
The Grady Firm thanks its attorneys, clients, and referral partners for their support and confidence over the years.