E-Verify: The Balance Between Compliance And Avoiding Discrimination Claims

The Trump administration wants to make E-Verify mandatory for all employers. The electronic database that immediately confirms an individual’s eligibility to work in the United States has been promoted as a necessary step in the ramp-up to heightened immigration enforcement, which is a major focus of the new administration. President Trump’s first full budget proposal, released by the White House in May, would put undocumented immigrants living in the country under the direct spotlight, […]

By | July 12th, 2017 ||

California Employee Required To Challenge Non-Compete Clause In Indiana

Despite California’s prohibition against non-compete agreements, a federal court in the Eastern District of California recently ruled that a California resident may be subject to the non-compete covenant in his employment agreement due to a provision in the agreement identifying Indiana as the parties’ choice of forum and that state’s law as the parties’ choice of law.  The lawsuit, Scales v. Badger Daylighting Corp. (Case No. 1:17-cv-00222-DAD-JLT), was (prior to removal to federal court) filed in California state […]

By | July 11th, 2017 ||

Court Dismisses Class Action Claim Based On Afghan Labor Code

United States lawsuits involving the law of Afghanistan are uncommon, but it is common for employees to bring suit based on work done abroad generally, and not just in that one country. A recent case, however, illustrates that while the United States may be a more convenient forum, even a class action may founder if the law of the host country provides for no relief.

In Allen v. Fluor Corp., Civil Action no. 3:16-CV-1219-D (N.D. Tex. […]

By | July 10th, 2017 ||