- Written by Greg Blueford
Just as we expected, Union election petitions grew in the month immediately following the implementation of the new NLRB rules that shorten the time between a union petition and election. From March 13 to April 13, 2015 there were 212 petitions for an election lodged with the NLRB. In the month after implementation from April 14 to May 14, 2015, there were 280 petition filings, a 32% increase from the previous month. The median time from petition to election for all representation elections held since April 14 was 23 days while the average time in the past had been 38 days.
- Written by Susannah Ashton
The Federal Immigration Nationality Act and Form I-9 Requirements
The Immigration Nationality Act (INA) makes it illegal for employers to knowingly hire persons who are not legally present in the United States. Employers who do so are subject to fines and possible imprisonment.
In order to ensure that all employees are legally present in the United States, and thus eligible for employment, they are required to submit a Form I-9 to verify their identity and authorization for employment. When submitting such form, employees are required to provide either one document from List A (e.g., passport) or 2 documents: a List B verifying identity (e.g., driver’s license) and a List C verifying employment eligibility (e.g., social security card). If an employee is unable to provide both a List B and a List C document, he or she is not considered eligible to work in the United States.
California AB 60 Licenses
On January 1, 2015, the California Department of Motor Vehicles began issuing a new type of driver’s license to applicants who cannot submit satisfactory proof of legal presence in the United States, but who otherwise meet all qualifications for the issuance of a driver’s license. Such a license, termed an “AB 60” driver’s license contains a mark stating “Not for Federal Identification.” This designation means that an AB 60 License is not compliant with the REAL ID Act in some way. However, the REAL ID Act states that this designation should not raise inferences or assumptions regarding an individual’s citizenship or immigration status, and further, State law precludes discrimination against a person holding an AB 60 License.
United States Guidance on AB 60 Licenses as Acceptable List B Documents
On May 19, 2015, the United States Citizenship and Immigration Services (USCIS) recently issued guidance on the applicability of AB 60 Licenses for Form I-9 purposes. On June 4, 2015, various grower associations and legal representatives in the field, along with The Saqui Law Group, issued an Industry Announcement providing guidance to employers in handling AB 60 Licenses.