HR 5117 ELL Chapt 5

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HR 5117 ELL Chapt 5
2014-09-05 10:30:19
HR 5117 ELL Chapt

HR 5117 ELL Chapt 5
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  1. Before 1964 - Lawyers only needed to know the National Labor Relations Act to practice competently
    Since - employment lawyers and HR Executive must be versed on both international law and policies of the world's major nations.  A working knowledge of U.S. immigration law is a must
  2. International Labor Organization
    branch of the United Nations - developing and promulgating uniform labor and employment standards internationally.  Encouraging member nations to adopt these standards and monitor compliance by nations that have adopted them
  3. ILO "Laws" enactments or pronouncements
    cannot supersede an individual nations sovereignty unless the nations adopt these laws
  4. ILO Laws and U.S.
    • U.S. is NOT a signatory to many ILO enactments or pronouncements; however, U.S. labor and employment laws or equal or superior
    • EXCEPT - labor organizations rights and employment security versus employment at will
  5. Promulgate
    • To promote
    • put (a law or decree) into effect by official proclamation
  6. Conventions
    International laws usually sponsored by the United Nations or other multi-national organizations to which a number of nations agree to adhere
  7. Major conventions on labor and employment adopted under the auspices of the United Nations  and the ILO
    involve abolition of forced labor and, employment discrimination, and collective bargaining
  8. Auspices
  9. Global Corporate Responsibility
    Philosophy which says that corporations should behave as good global citizens

    advocates of worker's rights and environmental issues believe in this notion that multi-national corporations have ethical obligations to behave in fair and humane ways toward their workers and to pursue "green" policies and practices to protect the environment in which they operate
  10. Global Corporate Social Responsibility is:
    • 1. a foreign policy issue in that corporations are ambassadors of their nation's values
    • 2. an economic issue in that America's future markets are overseas
    • 3. a moral issue on which the reputation of the corporation, its management, and shareholders depends on doing business abroad
  11. Host Nation Policies and Laws
    influence whether corporate social responsibility extends to the treatment of its people
  12. State Department's Office of International Labor and Corporate Social Responsibility
    • -Promoting organized labor and their role as reformers in developing countries
    • -Partnering with the private sector to protect human rights, including worker's rights, and to promote good governance, transparency, and rule of the law
    • -Promoting labor rights through free trade agreements and other international negotiations
    • -Combating child labor, force labor, and trafficking in persons
  13. Alien Tort Claims Act (1789)
    Federal Statute which provides a cause of action for aggrieved aliens in U.S. courts

    the statute has been rediscovered by attorneys seeking to vindicate the rights of foreign workers allegedly oppressed by U.S. multinational corporations
  14. Global Labor Unions
    International labor organizations, which typically attempt to organize employees of globalized industries

    • Components
    • -International Confederation of Free Trade Union
    • -Union Network International (UNI)
  15. Union Network International (UNI)
    organization aimed at meeting the globalization of corporation, trade, and manufacturing head on.

    • targets multi-national corporations
    • seeks to apply global pressure in order to organize local and regional corporate facilities
  16. Immigration and Nationality Act (INA) 
    Fundamental U.S. Immigration statute

    set forth the conditions for the temporary and permanent employment of aliens in the U.S.
  17. Immigration Reform and Control Act (IRCA)
    • -Provide a solution for controlling illegal immigration to the U.S.
    • -Make some changes for the U.S. system of legal immigration
    • -Provide a controlled legalization program for undocumented aliens who entered the U.S. before 1982
  18. Immigration Reform and Control Act (IRCA)

    altered the provision of INA - Immigration and Nationality Act (1952)
    • -new immigration category for dependents of employees of international organizations was created
    •   -allowed individuals to remain in the country if they meet certain residence requirements - should the employee die, retire
    • -restricted the ability of foreign students to adjust their status to that of lawful permanent resident aliens
    •  -altered the allocation of visas and created a visa waiver program
  19. H-2A Program
    • modification of the H-2 program for temporary workers
    • to include agricultural workers
    • -allowed to work freely between employers without penalty and are fully protected under federal, state, and local law
    • -offered a one shot amnesty program which illegal aliens who entered the country before jan. 1, 1982 could become legalized
  20. Employer Compliance with IRCA
    Employers must verify the employment eligibility of any employee hired

    • To comply with verification requirements an employer must show that it has examined the documents that establish both
    •   -the employment authorization
    •  -the identity of the employee

    these policies must be applied uniformly to all employees in order to avoid a charge of immigrant related discrimination
  21. Who enforces U.S. Immigration Laws?
    • USCIS - U.S. Citizenship and Immigration Services
    • ICE - Immigration and Customs Enforcement 
    • DOJ - Department of Justice
    • SSA - Social Security Administration
    • FBI-Federal Bureau of Investigation
    • DOL - Department of Labor
    • Department of the State
  22. USCIS - U.S. Citizenship and Immigration Services

    March 2003
    Administration of immigration and naturalization adjudication functions and establishing service policies and priorities
  23. ICE - Immigration and Customs Enforcement
    March 2003
    largest investigative branch of the Department of Homeland Security (DHS)

    effectively enforce immigration and custom laws to protect the United States against terrorist attacks
  24. DOJ - Department of Justice
    "to enforce the law and defend the interests of the United States according to the law.."
  25. SSA - Social Security Administration
    pay retirement, disability, and survivor benefits to workers and their families

    also issues SSN's
  26. FBI - Federal Bureau of Investigations
    • protect the United States from terrorist attacks
    • combat public corruption
    • protect civil rights
    • combat international crime and national organized crime, white collar crime and significant violent crimes
    • supporting law enforcement and intelligence partners
    • upgrade FBI Technology
  27. Department of the State
    fosters and promotes the welfare of job seekers, wage earners, and retirees of the United States
  28. Department of the State
    The Bureau of Consular Affairs within the State Department manages the visa process
  29. State and Local Involvement with Illegal Immigration
    As a general proposition, immigration law and policy are deemed to be the exclusive provinces of the federal government

    many states and municipalities, frustrated by the failure of the federal government to staunch the flow of the employment of illegal immigrants have enacted their own statutes and ordinances to deal with the problems on the local level