Nov. 15, 2013
Upcoming Webinar: California’s New Immigrant Worker Protections
In its most recent legislative session, California has enacted groundbreaking new laws to protect immigrant workers. The result of dedicated organizing and advocacy, California’s immigrant workers will benefit from these historical developments. Join our upcoming webinar where advocates intimately involved in the push for these bills will review the implications of these new laws for workers, and discuss next steps for implementation. The webinar will cover the California Domestic Worker Bill of Rights, new laws designed to protect immigrant workers from retaliation by their employers, and new protections for carwash and agricultural workers.
Rocio Avila, Women’s Employment Rights Clinic, GGU
Eunice Hyunhye Cho, National Employment Law Project
Nicole Marquez, Worksafe, Inc.
Michael Marsh, California Rural Legal Aid
Victor Narro, UCLA Labor Center
Mark Schacht, California Rural Legal Aid Foundation
Caitlin Vega, California Labor Federation
Date: Thursday, November 21, 2013 at 10:00-11:30 AM PST. The webinar is free of charge. To register, visit: https://cc.readytalk.com/r/3nesh8lt76hg&eom.Read More >
Nov. 15, 2013
Iowa Supreme Court Rules that Undocumented Workers Can Receive Workers’ Compensation Benefits
The Iowa Supreme Court has issued an opinion in Staff Management v. Jimenez that under Iowa's workers' compensation laws, undocumented workers are eligible to receive workers’ compensation benefits. The Court joins the majority of state courts who have reached this issue. The National Employment Law Project authored an amicus brief [link to amicus] in this case.
In its decision, the Court held that the enforcement of an employment contract does not undermine the policy purposes of the IRCA. Moreover, an employment contract with an undocumented worker does not inherently have an illegal purpose, and it is void as illegal merely because the contract is with an undocumented worker. Moreover, the Court ruled that the Immigration Reform and Control Act (IRCA) does not preempt Iowa workers’ compensation law.Read More >
Nov. 15, 2013
EEOC Meeting Highlights Challenges to Title VII National Origin Enforcement
Growing Immigrant and Ethnic Populations Require Nuanced Approaches to Enforcement of Anti-Discrimination Laws, Panel of Experts Tells Commission
WASHINGTON- The diversity, size and cultural individuality of different ethnic and immigrant groups present challenges to compliance with and enforcement of the nation's anti-discrimination in employment laws, a panel of experts told members of the U.S. Equal Employment Opportunity Commission (EEOC) at a public meeting held today. The panelists represented diverse stakeholders, including EEOC employees, representatives of major ethnic advocacy groups and management-side attorneys. Panelists included Rebecca Smith, Deputy Director of the National Employment Law Project, who provided testimony to the Commission.Read More >
Nov. 1, 2013
Fact Sheet: New CA Worker Protections Against Retaliation / Protections for Immigrant Workers
The National Employment Law Project has developed a fact sheet on California’s newly-passed laws that provide all workers with strengthened protection against employer retaliation—including specific protections for immigrant workers. The bills, AB 263, AB 524, and SB 666, will take effect on January 1, 2014.
Highlights of the new laws include:
-Strengthened California Labor Code protections against retaliation for all workers, including broadened grounds for findings of employer retaliation, broadened protection for whistleblowers, the ability of workers to update their personal information without fear of retaliation, and increased penalties of up to $10,000 for employer retaliation.
-Clarification that workers may bring a civil suit under the California Labor Code without administrative exhaustion.
-New protections against immigration-related threats by employers, including suspension of business license for employers who retaliate against workers who exercise their workplace rights by threatening to report or reporting immigration status (including witnesses and family members).
-Attorneys may be disciplined, suspended, or disbarred for threatening to report or for reporting immigrant workers involved in an administrative hearing or a civil suit.
-Threats to report immigration status in order to obtain something of value from an individual may constitute criminal extortion under the California Criminal Code. Extortion is also a U-visa certifiable crime.
Join a webinar on this and other new California immigrant worker protections on November 21, 2013 at 10:00 AM PST. To register, visit:Read More >
Sep. 17, 2013
Obama Administration Extends Federal Minimum Wage and Overtime Protections to Nationís Home Care Wo
Washington, DC—The U.S. Department of Labor today announced the release of long-awaited final rules that extend federal minimum wage and overtime protections to two million of our nation’s home care workers. The National Employment Law Project praised the move, which corrects a decades-old injustice that has fueled poverty-level wages and destabilized an increasingly crucial industry.
"Home care workers provide crucial in-home care and support for our elderly or disabled family members, friends, and neighbors; yet these workers have struggled to support their own families,” said Christine Owens, executive director of the National Employment Law Project. “These reforms are a critical step towards improving wages in one of our country’s fastest-growing occupations. We applaud the Obama administration for keeping its promise to these workers.”Read More >