Informed Employer: "Ban the Box" – A New Law in Indianapolis: And Is it Coming Soon to a City Near Y Informed Employer: "Ban the Box" – A New Law in Indianapolis: And Is it Coming Soon to a City Near Y

Informed Employer: "Ban the Box" – A New Law in Indianapolis: And Is it Coming Soon to a City Near You?

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Chamber Says Non-Union Groups Could Reshape Labor Relations
The biggest U.S. business lobbying group is warning the nation's employers that labor relations could be reshaped by non-union labor groups that are backing high-profile efforts to raise wages and mandate paid sick leave. The U.S. Chamber of Commerce hosted trade association representatives, labor consultants, attorneys and political staffers for a briefing on "worker centers" as partners and sometimes replacements of traditional labor unions.
(Source: Reuters, 2014-04-16) Read the full article
Northwestern Appeals NLRB Decision Over Football Players' Unionization
Northwestern University filed an appeal to the National Labor Relations Board over the agency's decision to declare the school's scholarship football players employees who can unionize. The university said NLRB Regional Director Peter Sung Ohr's unprecedented decision overlooked or ignored important evidence Northwestern had presented showing its student-athletes are primarily students and not employees.
(Source: The Wall Street Journal, 2014-04-10) Read the full article
Employers Face Increasing Number of Religious Bias Suits
Bosses all over the Western world have been warned. Unless they make allowances for the religious faiths of their ever-more-diverse workforces, they will suffer lawsuits, official rebukes and protests from staff.
(Source: Economist, 2014-04-12) Read the full article
Suit Alleging Silicon Valley Firms' Hiring Conspiracy Headed to Court
A lawsuit pending in California federal court accuses a handful of firms, including Google, Apple, and Intel, of agreeing not to recruit employees from one another as a means of keeping wages down, a scheme allegedly hatched by deceased former Apple CEO Steve Jobs. The case is scheduled to go to trial May 27, although a settlement may be reached before then.
(Source:, 2014-04-21) Read the full article
Most Employers Still Asking Job Candidates About Criminal Pasts
Most employers continue to ask candidates to self-disclose past criminal convictions on job applications, even though the U.S. Equal Employment Opportunity Commission recommends against it and there are state and municipal laws that outright ban the practice, a new survey says. According to the survey of close to 600 employers by Cleveland-based EmployeeScreenIQ, 66 percent of employers ask candidates to self-disclose past criminal convictions on job applications, while 78 percent do so at some point during the hiring process.
(Source: Crain's Detroit Business, 2014-04-11) Read the full article
Employers Less Tolerant of Job Candidates Who Lie on Resumes
Employer background checks potentially have more sway over whether you land a job than your educational background or work experience. Though a growing number of employers are becoming more forgiving of people with criminal backgrounds, they are becoming less tolerant of people who misrepresent their work histories and educational backgrounds on job applications and resumes.
(Source: The (Cleveland) Plain Dealer, 2014-04-20) Read the full article
Experts Debate Effect of Disclosure Rules on Executive Compensation
The current system of executive compensation, with its emphasis on performance, can theoretically constrain pay, but in practice it has not stopped companies from paying their top executives more and more. The median compensation of a chief executive in 2013 was $13.9 million, up nine percent from 2012, according to the Equilar 100 C.E.O. Pay Study, conducted for The New York Times.
(Source: The New York Times, 2014-04-12) Read the full article
U.S. Policy Could Allow H-1B Visa Spouses to Work in U.S.
It may be about to get easier for Indian programmers to get work for their spouses in the United States. The U.S. is planning changes to the immigration rules that will make the country more attractive to talented foreign entrepreneurs and other high-skilled immigrants, the White House said in a statement.
(Source: The Wall Street Journal, 2014-04-10) Read the full article
Five Labor Outsourcing Firms Accounted for 37% of H-1B Work Visas
The federal government has for nearly a decade held the line on the number of visas it issues under its so-called H-1B program, and now a new factor is making the competition for foreign tech workers even more intense: Temporary employment agencies have been flooding the government with applications for such visas, using those slots for lesser-skilled, generally lower-paying jobs, increasing the frustrations for would-be employers in pursuit of software engineers.
(Source: International Business Times, 2014-04-16) Read the full article
OSHA Seeks to Update Crystalline Silica Regulations
The U.S. Occupational Safety and Health Administration is looking to update its 43-year-old regulations on how much of a particular type of dangerous dust employees can be exposed to in a traditional workday. But opponents are raising concerns about the cost any changes would add for companies to carry out the proposal and whether there's even a need for stricter standards at all.
(Source: Crain's Cleveland Business, 2014-04-15) Read the full article
"Ban the Box" – A New Law in Indianapolis: And Is it Coming Soon to a City Near You?


Germaine Willett


Employers care about their customers and employees, and that includes taking steps to protect them from potential harm perpetrated by employees. Indeed, failing to take those steps can expose employers to real legal consequences for hiring or retaining employees whom they knew or should have known possessed the propensity to harm others. Now, as a result of the "Ban the Box" movement that is trending nationally, employers can end up in hot water for rejecting applicants based on past criminal history. It's the classic case of "liable if you do, liable if you don't."

Read full article here.



FY2015 H-1B Lottery Update

As predicted, U.S. Citizenship and Immigration Services has reached the allotment of H-1B visa numbers for fiscal year 2015 for employment beginning October 1, 2014. This exhaustion of H-1B numbers includes the 65,000 "regular" cap as well as the additional quota of 20,000 H-1B visas available to graduates of U.S. master's programs. USCIS announced that it received approximately 172,500 petitions against the annual allotment which will leave countless H-1B applicants with little to no immediate options to remain or enter the U.S. for employment. Receipt notices are being issued now by USCIS confirming which H-1B petitions have been selected against next year's annual quota and which are being rejected due to unavailable H-1B visa numbers. Each year a growing number of H-1B petitions are re-filings from applicants who missed the annual quota from the prior year. For fiscal year 2014, USCIS received approximately 124,000 H-1B visa applications leaving many of those applicants to apply for the fiscal year 2015 lottery. For additional information regarding the H-1B visa program and alternative visa options, please contact Jenifer M. Brown or another member of the immigration practice.

If you have further questions, please contact Jenifer Brown or another member of the immigration practice.


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