Cross-border and Immigration

A Note on overseas (or expatriate) employment and the best practices for US companies to follow when establishing and maintaining employee relationships. This Note addresses federal law, including the Foreign Corrupt Practices Act of 1977, as well as practical considerations.

A Note discussing employers' legal obligations under IRCA to document employees' eligibility to work in the US and prohibitions against hiring, recruiting or referring (for a fee) employees who are not authorized to work in the US. The note highlights best practices for Form I-9 processing and addresses how employers can handle Social Security no-match letters and increased immigration enforcement.

A Note discussing employer enrollment and participation in E-Verify as part of the IRCA I-9 employment eligibility verification process. This Note also provides best practices for employers considering E-Verify participation. This Note addresses federal law.

This Note describes the process for employer-sponsored nonimmigrant visa petitions in the US, filed on the USCIS's Form I-129. The Note includes information and tips on preparing the petition, including documents to support the petition, paying fees and filing the petition with the USCIS.

A Note describing electronic Form I-9 completion, storage and retention. This Note reviews the advantages and disadvantages of electronic I-9 systems and highlights key issues to consider when evaluating whether to employ an electronic I-9 system.

A Note about the H-1B nonimmigrant visa classification, used by employers to sponsor foreign nationals to work in the US. This Note describes how a foreign worker can qualify for H-1B classification, how an employer obtains a Labor Condition Application (LCA), the H-1B petition process and how the foreign worker acquires lawful H-1B status.

A Note about the Trade NAFTA (TN) nonimmigrant visa classification, used by employers to sponsor foreign nationals who are citizens of Canada or Mexico to work in the US. This Note describes how a foreign worker can qualify for the TN classification, the TN petition process and how the foreign worker acquires lawful TN status.

A Practice Note describing the issues in third-party worksite placement for H-1B or L-1B workers. This Note provides tips for employers and presents the legal requirements for employers to sponsor H-1B or L-1B workers that will work at third-party worksites.

An employment eligibility verification compliance policy for an employer to adopt to govern its obligations under the Immigration Reform and Control Act of 1986 (IRCA). This policy addresses issues related to IRCA's Form I-9 process, E-Verify, Social Security no-match, immigration sponsorship and avoiding national origin and citizenship discrimination in recruitment, hiring and termination. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A Standard Document for employers to use to provide instructions to remote employees and agents for the proper completion of the employment eligibility verfication Form I-9 Sections 1, 2 or 3 for the employer's remote employees. This Standard Document is based on federal law. This Standard Document has integrated notes with important explanations and drafting tips.

An immigration sponsorship policy for an employer to adopt to manage its immigration sponsorship activities in the US. This Standard Document applies only to private workplaces. It is based on federal law. This Standard Document has integrated notes with important explanations and drafting tips.

A Document to be used by employers to satisfy Labor Condition Application (LCA) Public Access File (PAF) requirements for an actual wage statement. The LCA is the preliminary step in an employer's H-1B visa petition. This Standard Document has an integrated note with important explanations and drafting tips.

A Document to be used by employers as a Labor Condition Application (LCA) Public Access File (PAF) cover sheet and PAF document list. The LCA is the preliminary step in an employer's H-1B visa petition. This Standard Document has integrated notes with important explanations and drafting tips.

A Document to be used by employers to satisfy the Labor Condition Application (LCA) notice requirement and Public Access File (PAF) document retention requirement. This Document includes a sampled embedded notice confirmation. The LCA is the preliminary step in an employer's H-1B petition. This Standard Document has an integrated note with important explanations and drafting tips.

A Document to be used by employers to satisfy the Labor Condition Application (LCA) corporate reorganization and Public Access File (PAF) document retention requirements. The LCA is the preliminary step in an employer's H-1B petition. This Standard Document has an integrated note with important explanations and drafting tips.

A permanent labor certification program (PERM) labor certification audit file cover sheet and documents list.

A sample Trade-NAFTA (TN) petition or application support letter. This letter is used by employers to support TN nonimmigrant visa petitions to the US Citizenship and Immigration Services (USCIS) or applications to a US consular official in Mexico or an immigration inspector at a port of entry. This Standard Document has integrated notes with important explanations and drafting tips.

A Checklist describing Form I-9 completion for employers. This Checklist includes tips on what employers must or should do during the I-9 Form process, including initial completion, reverification and storage.

A Chart comparing features of E-Verify as applied to federal contractors versus all other enrolled employers. Federal contractors, required to enroll and use E-Verify as a term of their contract with the federal government, have rights and obligations that may differ from all other users.

A Chart describing the major actions and required timeframes for action in the Form I-9 and E-Verify processes. The Form I-9 is required for all employers under The Immigration Reform and Control Act of 1986, and E-Verify is mandatory for some employers and voluntary for others.

This Checklist outlines Form I-9 audit preparation and response best practices for employers when faced with a possible or actual Notice of Inspection from US Immigration and Customs and Enforcement (ICE) to verify compliance with the Immigration Reform and Control Act of 1986 (IRCA). In particular, this Checklist outlines the steps employers should take to prepare for the audit and the questions they should consider for the audit resolution.

A Checklist to assist employers processing H-1B petitions for employees and applicants. This resource lists the issues that employers should consider, the questions they should ask and the documents and information they should gather when preparing and filing an H-1B petition.

A Chart of Immigration Reform and Control Act (IRCA) violations, possible employer remediation of certain Form I-9 failures and the assessment of employer liability under IRCA. Employers performing regular self-audits of their Forms I-9 may reduce their exposure to liaibility by correcting certain errors in their employment eligibility verification program. This Chart gives an overview of IRCA violation types, how errors may be corrected and if remediation may excuse or reduce liability if the employer is subjected to a formal Form I-9 investigation.

A Chart describing key employment-based immigrant visa classifications. Information profiled includes eligibility criteria and procedures to obtain lawful immigrant status.

A Checklist of key issues to help employers comply with Labor Condition Application (LCA) obligations. Employers must obtain LCAs to sponsor workers for H-1B nonimmigrant visa status. To obtain an LCA certification, employers must make attestations about wages and working conditions for foreign and US workers, and must maintain a Public Access File (PAF).

A Checklist to assist employers processing Trade NAFTA (TN) petitions or applications for employees and applicants. This resource lists the issues that employers should consider, the questions they should ask and the documents and information they should gather when preparing and filing a TN petition or application.

A Checklist of US nonimmigrant visa application best practices. This resource provides tips on how an applicant for a US nonimmigrant visa can determine if a visa is required, where they may apply for the visa and how to prepare for the visa application process.

A Q&A guide to doing business in Colombia. This Q&A gives an overview of key recent developments affecting doing business in Colombia as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

An Expert Q&A with Lynden Melmed of Berry, Appleman & Leiden LLP on considerations and alternatives for employers when the H-1B cap is met.

A Q&A guide to doing business in United States: Michigan. This Q&A gives an overview of key recent developments affecting doing business in United States: Michigan as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to employee share plans law in Turkey. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to doing business in US: Alabama. This Q&A gives an overview of key recent developments affecting doing business in US: Alabama as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

This table is part of the Doing Business in multi-jurisdictional guide. For a full list of contents visit www.practicallaw.com/dbi-mjg.

This table is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of contents visit www.practicallaw.com/employment-mjg.

A Q&A guide to doing business in Saudi Arabia. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

This table is part of the Doing Business in multi-jurisdictional guide. For a full list of contents visit www.practicallaw.com/dbi-mjg.

This chapter outlines the various circumstances in which an employer is required to consult, either directly or indirectly, with its workforce. In particular, in relation to European works councils, information and consultation obligations during employment, collective redundancies, business transfers, and co-ordinating multi-jurisdictional consultation processes. The chapter sets out requirements under the relevant European Directive, compares how they have been implemented at national level, and sets out the components of consultation and penalties for breach. The following countries are looked at in depth: France, Germany, Italy, The Netherlands, Spain and the UK. The following countries are covered in less detail: Austria, Belgium, Czech Republic, Poland, Romania and Sweden. For a full list of recommended labour and employee benefits lawyers and law firms, please visit PLC Which lawyer? This article is part of the PLC multi-jurisdictional guide to labour and employee benefits. For a full list of contents visit www.practicallaw.com/labour-mjg.

A Q&A guide to employment and employee benefits law in Poland. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

This article is part of the Employment and Employee Benefits multi-jurisdictional guide. For a full list of contents visit www.practicallaw.com/employment-mjg.

This article examines the various complications that must be considered when drafting restrictive covenants in Canada which are capable of enforcement against former employees after they leave employment. Both non-competition and non-solicitation covenants are analysed, together with current judicial trends, descending scope clauses and over-reaching, and practical tips for drafting are included. The Ontario courts' relaxation of the rules when non-competition is a condition of a post-employment benefit is also examined, along with the specialised approach of the Québec courts. For a full list of recommended labour and employee benefits lawyers and law firms, please visit PLC Which lawyer? This article is part of the PLC global guide to labour and employee benefits. For a full list of contents visit www.practicallaw.com/labour-mjg.

Originally, non-competition agreements were predominately limited to competition activities within the country where employees have previously performed their work duties. In the global marketplace, these agreements are now increasingly concluded in the context of cross-border labour mobility. This article considers the two principal concerns that arise for employers and their companies in this international context when considering applying and enforcing non-competition agreements: The law the employer and the employee have chosen to apply to the non-competition agreement may not apply. In the event of a legal dispute, the appealed local court may not have jurisdiction to settle the dispute. The authors examine these risks and solution strategies by scrutinising the legal framework for cross-border mobility connected to at least one of the EU member states, outlining some key actions to take to build a successful strategy for handling these challenges from a European law perspective. For a full list of recommended labour and employee benefits lawyers and law firms, please visit PLC Which lawyer? This chapter is part of the PLC multi-jurisdictional guide to labour and employee benefits. For a full list of contents visit www.practicallaw.com/labour-mjg  

A Q&A guide to employee share plans law in Norway. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee Share Plans Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employment and employee benefits in Romania. This Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to labour and employee benefits in Ireland. This Q&A is part of the PLC multi-jurisdictional guide to labour and employee benefits. For a full list of jurisdictional Q&As visit www.practicallaw.com/labourhandbook.

A Q&A guide to doing business in Hong Kong. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbihandbook.

A Q&A guide to doing business in Spain. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in New York. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbihandbook.

A Q&A guide to doing business in Wisconsin. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbihandbook.

This article outlines Canadian employment law in 15 key areas, and highlights the significant distinctions between US and Canadian employment law, as well as the broad similarities that do exist in certain areas.  

An overview of the key immigration law issues facing executives wishing to relocate to the US and some considerations for moving to the US permanently.This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services.

An overview of the principal federal, state and local laws governing labour and employment relations in the US.This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services.

This chapter considers current trends in the termination of employees, particularly in the negotiation of severance and compromise agreements, in Finland, France, Germany, Hong Kong, Italy, Spain, Sweden and the UK (England and Wales).

This article considers the social security issues, in particular dual taxation and gaps in benefits protection, that arise when US employees are seconded abroad, and the availability of social security treaties to ensure that coverage, benefits and taxation remain as seamless as possible.

Employee reorganisations, whether in the aftermath of a merger or acquisition, or as part of the process of doing business on an international scale are commonplace nowadays. The fundamental, often quite surprising, differences which exist between US and European employment law and practice are explained in this comparative feature.

Important updates in the area of US immigration law during May 2013.

Employers are reminded that the new I-9 Form is required beginning on May 7, 2013. The new Form I-9, published by US Citizenship and Immigration Services (USCIS) on March 8, 2013, replaces all prior versions.

US Customs and Border Protection (CBP), an agency in the Department of Homeland Security (DHS), issued an interim final rule changing the definition of the term "Form I-94" to include an electronic as well as a paper format. The revisions will allow CBP to create an electronic version of the Form I-94 Arrival-Departure Record and transition to an automated Form I-94 process.

US Citizenship and Immigration Services (USCIS) has announced that premium processing for cap-subject H-1B petitions will begin on April 15, 2013. This temporary adjustment has been made to accommodate the historic premium processing receipt levels and the possibility that the H-1B cap will be met in the first five business days of the H-1B filing period.

In Lamonica v. Safe Hurricane Shutters, Inc., the US Court of Appeals for the Eleventh Circuit held that undocumented foreign workers are employees who may recover unpaid wages under the Fair Labor Standards Act (FLSA). The court found that the US Supreme Court's prior decision in Hoffman Plastic Compounds, Inc. v. NLRB that the National Labor Relations Board (NLRB) could not award backpay to undocumented aliens terminated for union activity in violation of the National Labor Relations Act (NLRA) did not overrule Eleventh Circuit precedent permitting recovery of unpaid wages under the FLSA.

Resources to assist employers filing H-1B petitions for foreign national workers.

The Department of Labor (DOL) announced a new online tool, the iCERT Labor Certification Registry, that will provide the public with real-time access to redacted documents in the H-1B, H-1B1, E-3, H-2A, H-2B and permanent labor certification (PERM) employment-based immigration programs beginning July 1, 2013.

The US and Canadian governments have signed a Visa and Immigration Information-Sharing Agreement. Pursuant to the Agreement, both countries will share biographical and biometric information on third country nationals who apply for visas or permission to travel to either country.

Important updates in the area of US immigration law during November 2012.

This Law Firm Publication by Jackson Lewis LLP discusses the Tennessee Lawful Employment Act (TLEA), which went into effect in January of 2012 and which the Tennessee Department of Labor has just recently begun to enforce. Under the TLEA, employers with more than six employees must either use E-Verify or make and retain copies of one of 11 specified documents. Private employers with 500 or more employees were required to comply with the TLEA as of January 1, 2012, and those with between 200 and 499 employees were required to comply as of July 1, 2012. Employers with between six and 199 employees must be in compliance by January 1, 2013. In determining the number of employees, an employer must count all of its employees, not just those that are physically in Tennessee.

President Obama signed into law S. 3245, which reauthorizes the E-Verify program, the EB-5 Regional Center Program, the Special Immigrant Nonminister Religious Worker Program and the Conrad State 30 J-1 Visa Waiver Program until September 30, 2015.

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses North Carolina's E-Verify Legislation, which was signed into law on June 23, 2011. While counties and municipalities were required to participate in the E-Verify program last year, private sector employers will begin their participation on October 1, 2012, starting with employers with 500 or more employees in North Carolina. Employers with at least 100 but fewer than 500 employees must use E-Verify as of January 1, 2013, and employers with at least 25 but fewer than 100 employees must comply by July 1, 2013.

Important updates in the area of US immigration law during August 2012.

US Citizenship and Immigration Services (USCIS) released application forms and information on the filing process for the young undocumented immigrant deferred action program announced in June 2012.

Important updates in the area of US immigration law during July 2012.

In Paidi v. Mills, the US Court of Appeals for the Second Circuit struck down as unconstitutional a New York law that prevents nonimmigrant aliens from receiving pharmacist licenses. The Second Circuit held that the law violated the Equal Protection Clause because aliens are a suspect class and the state could not distinguish lawful nonimmigrant aliens from other aliens.

Important updates in the area of US immigration law during June 2012.

The United States Citizenship and Immigration Services (USCIS) has announced that as of June 11, 2012, it had received a sufficient number of new H-1B visa specialty occupation petitions to reach the statutory cap for fiscal year 2013. In addition, as of June 7, 2012, the advanced degree exemption has been exhausted.

The Administrative Appeals Office (AAO) of the US Citizenship and Immigration Services (USCIS) held in Matter of Skirball Cultural Center that the term "culturally unique," as used in P-3 nonimmigrant visa petitions, is not limited to traditional art forms and may include hybrid or fusion artistic expression.

On May 4, 2012, the Office of the General Counsel of the National Labor Relations Board (NLRB) issued a guidance memorandum explaining that, under the NLRB's recent decision in Flaum Appetizing Corp., employers may not reverify emploment status of employees who are reinstated.    

The Department of Homeland Security (DHS) designated Syria for temporary protected status (TPS) for a period of 18 months ending on September 30, 2013. TPS beneficiaries are eligible to remain in the US and to request employment authorization documents that can be used to satisfy employment eligibility requirements.

The US Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions toward the 2013 Fiscal Year (FY) cap on April 2, 2012. The number of H-1B petitions for FY 2013 is capped by Congress at 65,000, subject to several exemptions.

The US Court of Appeals for the Eleventh Circuit enjoined the enforcement of another two provisions of H.B. 56, Alabama's 2011 immigration law. The enjoined provisions bar residents from knowingly entering into contracts with illegal immigrants and ban illegal immigrants from entering business transactions with state and local governments. Several other provisions remain in effect, pending a full resolution of the appeal by an Eleventh Circuit panel.

On February 21, 2012, the Department of Labor published new regulations governing the H-2B visa program for workers performing temporary or seasonal non-agricultural labor or services. These regulations replace the 2009 regulations, and they provide more protections for US workers and H-2B workers, add more requirements for employers to follow, and enhance oversight and enforcement of the H-2B program.  The new regulations are effective April 23, 2012.

On January 31, 2012, the US Department of Homeland Security (DHS) announced a series of administrative reforms it will undertake to attract and retain highly skilled immigrants to stimulate US job creation.

In Flaum Appetizing Corp. the National Labor Relations Board (NLRB) determined that employers found to have discriminated against employees that engaged in concerted activity protected under the National Labor Relations Act (NLRA) must plead specifically and be prepared to offer evidence that a discriminatee is not authorized to work in the US, to challenge a back pay or reinstatement award under Hoffman Plastic Compounds, Inc. v. NLRB. In its decision dated December 30, 2011, the NLRB constructed procedural barriers for employers wishing to avail themselves of that Supreme Court precedent, which held that the NLRB is prohibited from awarding backpay to an undocumented worker who violates the Immigration Reform and Control Act (IRCA). The NLRB struck an employer's Hoffman-related affirmative defense in NLRB compliance proceedings and denied the employer an evidentiary hearing to confirm that discriminatees were not eligible for backpay based on their immigration status. Member Hayes dissented.

The United States Citizenship and Immigration Services (USCIS) has announced that as of November 22, 2011, it had received a sufficient number of new H-1B visa specialty occupation petitions to reach the statutory cap for fiscal year 2012. In addition, as of October 19, 2011, the advanced degree exemption has been exhausted.

On October 20, 2011, the United States Citizenship and Immigration Services (USCIS) reversed its September 12, 2011 policy change, and announced that it would return to mailing original notices for immigration petitions and applications directly to attorneys and representatives if  the petitioner or applicant has authorized the representation.

This Ford & Harrison, LLP memorandum covers California's recent enaction of The Employment Acceleration Act of 2011. The new law prohibits California state and local governments from requiring employers to use the federal E-Verify program to check the employment eligibility of new employees. Despite the new law, California employers must continue to comply with the federal Employment Eligibility Verification (form I-9) process as well as the federal E-Verify requirements for federal contractors. Employers are also free to use the E-Verify program voluntarily.

This Ogletree, Deakins, Nash, Smoak & Stewart, P.C. memorandum discusses the US District Court of the Northern District of Alabama's ruling on Alabama's controversial immigration law. The court held that several provisions could not be enforced pending a final judgment on the law's constitutionality. However, the ruling does not affect the provision requiring Alabama employers to use the federal E-Verify program to confirm an applicant's legal immigration status.

In Limanseto v. Ganze & Company, the DOL held that an employer has to pay back wages to a former H-1B employee because it did not terminate the employee according to the requirements of the H-1B program. Specifically, the employer never offered to pay the cost of the employee's return trip. 

A Q&A guide to doing business in Angola. This Q&A gives an overview of key recent developments affecting doing business in Angola as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Bolivia. This Q&A gives an overview of key recent developments affecting doing business in Bolivia as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Denmark. This Q&A gives an overview of key recent developments affecting doing business in Denmark as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Germany. This Q&A gives an overview of key recent developments affecting doing business in Germany as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in United Kingdom. This Q&A gives an overview of key recent developments affecting doing business in United Kingdom as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to employment and employee benefits law in Ireland. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to doing business in Cambodia. This Q&A gives an overview of key recent developments affecting doing business in Cambodia as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Nigeria. This Q&A gives an overview of key recent developments affecting doing business in Nigeria as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Romania. This Q&A gives an overview of key recent developments affecting doing business in Romania as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in United States: Delaware. This Q&A gives an overview of key recent developments affecting doing business in United States: Delaware as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Singapore. This Q&A gives an overview of key recent developments affecting doing business in Singapore as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing Business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Chile. This Q&A gives an overview of key recent developments affecting doing business in Chile as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Finland. This Q&A gives an overview of key recent developments affecting doing business in Finland as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Pakistan. This Q&A gives an overview of key recent developments affecting doing business in Pakistan as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Switzerland. This Q&A gives an overview of key recent developments affecting doing business in Switzerland as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Brazil. This Q&A gives an overview of key recent developments affecting doing business in Brazil as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in France. This Q&A gives an overview of key recent developments affecting doing business in France as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Luxembourg. This Q&A gives an overview of key recent developments affecting doing business in Luxembourg as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Morocco. This Q&A gives an overview of key recent developments affecting doing business in Morocco as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Thailand. This Q&A gives an overview of key recent developments affecting doing business in Thailand as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

This article outlines the relevant Swiss law that may apply in the context of a cross-border inter-group company investigation. In particular the article will examine the position in Switzerland with regard to blocking statues and criminal offences as defined by Swiss courts, looking closely at the impact and interpretation of Articles 271(1), 273 and 162 of the Swiss Penal Code. The article further details the position in Switzerland on data protection, with regard to cross-border data flow and the employer's duty of care and briefly examines the employee's duty of loyalty and duty of confidentiality. This article is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of contents visit www.practicallaw.com/employment-mjg.

A Q&A guide to employee share plans law in Argentina. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Austria. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Canada. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Denmark. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in France. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in India. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Japan. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Mexico. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in South Korea. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Switzerland. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in the United States. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employment and employee benefits law in Argentina. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Austria. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Brazil. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Canada. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Colombia. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in the Czech Republic. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Finland. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Germany. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Hong Kong. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Indonesia. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Japan. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Luxembourg. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits in Norway. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Portugal. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Singapore. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in South Korea. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Switzerland. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Turkey. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in the United Arab Emirates. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits in Venezuela. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

The article discusses the relationship between national employment law regimes and immigration law, social security law and tax law to demonstrate opportunities for employers to manage cross border labour mobility successfully. This article is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of contents visit www.practicallaw.com/employment-mjg.

This article examines the various ways in which employers in Mexico can protect information that is of particular value to their business, whether by incorporating restrictive covenants into the employment contract or drawing up agreements with employees regarding the use of trade secrets and confidential information. The limitations on employee monitoring in this regard are also discussed in light of Mexico's data privacy legislation. This article is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of contents visit www.practicallaw.com/employment-mjg.

This article provides an overview of the divergent approaches taken across the US on some key issues concerning the enforceability of post-employment restrictive covenants, and highlights the degree to which the choice of law and location of the dispute dramatically impacts the enforceability of these restrictive covenants within the US. This article is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of contents visit www.practicallaw.com/employment-mjg.

A Q&A guide to doing business in Canada. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Bahrain. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Anguilla. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing Business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Australia. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Canada. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Egypt. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Iceland. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Italy. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. For a full list of recommended lawyers and law firms in Italy, see PLC Which lawyer? This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in New Zealand. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in the Russian Federation. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in The Netherlands. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Vietnam. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to employee share plans law in Hong Kong. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee Share Plans Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Portugal. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee Share Plans Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to doing business in Barbados. This Q&A gives an overview of key recent developments affecting doing business in Barbados as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.