Archive for the 'Employee Rights' Category

Judge Posner Admits He Didn’t Read Boilerplate for Home Equity Loan – News – ABA Journal

Judge Richard Posner of the Chicago-based 7th U.S. Circuit Court of Appeals does a lot of reading—but he apparently hates boilerplate as much as the next person.
Appearing at a recent American Constitution Society conference, Posner recalled his encounter with hundreds of pages of documentation for his home equity loan, Above the Law reports. Posner got [...]

Know Your Rights: Check Out the New DOL Online H-1B Compliance Tool

In the wake of recent U.S. government efforts to crackdown on H-1B program violators, the U.S. Department of Labor (DOL) has released a new tool to help employees and employers better understand their rights and responsibilities under the H-1B program.
The online compliance tool called the H-1B Advisor  describes the H-1B program’s standards, including notification requirements, monetary [...]

FAQ: I’ve Been Benched and Have No Pay Stubs. Can I Change My H-1B Visa?

Image by mirsasha via Flickr

Question 1: I’m an H-1B employee and I have benched without pay, but I have found a new employer. I have no pay stubs. Can I “transfer” without leaving the U.S.?
Question 2: I’m an H-1B employee and I was benched without pay, but when I complained, my employer fired me. I [...]

H-2A AEWR and Meal Rates To Increase March 15

Effective March 15, 2010 the Adverse Effect Wage Rates (AEWR) and meal charges will increase.
The employer must offer and pay their H–2A and U.S. workers the highest of the AEWR, the prevailing hourly wage rate, the prevailing piece rate, the agreed-upon collective bargaining rate, or the Federal or State minimum wage rate, in effect at [...]

Off-Site Work Off Limits to H-1Bs? New Guidance Explains H-1B Job Criteria

Image by john_a_ward via Flickr

If you are an H-1B worker in search of new work, especially in the IT sector, you must scrutinize the relationship with your prospective H-1B employer to make sure the proposed employment relationship is acceptable under USCIS criteria. 
If you don’t compare the proposed employment conditions with USCIS requirements, you risk being [...]

H-2 Employee Rights: H-2B Temporary Workers

Image by Julie70 via Flickr

Today’s article will discuss the H-2B visa worker, common problems (including unpaid wages) H-2B workers face, and legal rights for those workers.
The H-2B visa is for short-term or seasonal workers in non-agricultural positions, such as landscape, cleaning, construction, hotel, and restaurant workers.
Some H-2B employers unlawfully seek fees from H-2B workers, fail [...]

H-2 Employee Rights: H-2A Agricultural Workers

Image by The Library of Congress via Flickr

H-2 workers, like H-1Bs, are far too often subject to an employer’s exploitation. An H-2 employer may unlawfully make H-2 workers pay fees, fail to provide required wages or benefits, withhold essential documents, or in some cases commit fraud.
If you are an H-2 worker subject to exploitation, or [...]

H-1B Fraud Detection Site Visits in Full Swing. What Should You Expect?

The U.S. Citizenship and Immigration Services (USCIS) has launched a new program in which it is making unannounced site visits throughout the United States to monitor and detect fraud among H-1B employers and their H-1B employees.
In this article we explain what happens during these site visits and your rights and obligations under the law so [...]

My Employer Made Me Pay For My H-1B Application and/or Deductions from My Paycheck. Can They Do That?

Image by el swifterino via Flickr

Were you forced to pay for your H-1B application fees? Did your employer order you to travel to another city for work and make you pay for your own hotel? Did your employer make you pay for your plane trip to the United States from your home?
Can your employer do that?
In this [...]

Employer Not Providing Your W-2? Here’s What To Do

It’s tax time, but you haven’t received a W-2 from your current or former employer.  So what do you do now?
First, ask your employer about it. Perhaps your W-2 was sent to a wrong address and you simply need a new one issued. If the W-2 contained wrong information, tell your employer to correct it.
If [...]

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