What are the laws governing the hiring of foreign workers?
In California, there are several labor laws governing the hiring of foreign workers. These laws are designed to protect the rights of both employers and employees and ensure that employees are treated fairly and equally regardless of their country of origin. The first law, the Immigration Reform and Control Act (IRCA) of 1986, requires employers to verify the identity and employment eligibility of all new hires. This means employers must verify that their employees are legally able to work in the United States. The second law is the Alien Employment Certification Program (AECP), enacted in 1990. This law requires employers to obtain a labor certification from the U.S. Department of Labor before hiring a foreign national. This certification confirms that no qualified U.S. workers are available for the position and that hiring a foreign worker will not adversely affect wages and working conditions for U.S. workers. Employers must also ensure that foreign employees are paid fair wages and comply with all relevant labor laws. This includes providing overtime pay, rest and meal breaks, holiday pay, and ensuring safe working conditions. Additionally, the Occupational Safety and Health Act of 1970 protects foreign workers from discrimination based on their race, color, religion, sex, national origin, age, or disability. These labor laws are in place to protect both employers and employees and ensure that workers are treated fairly regardless of their country of origin.
Related FAQs
What is the Service Contract Act?Are employers liable for wrongful termination?
What are the laws governing child labor?
What are the laws concerning the right to join a labor union?
What is the Equal Pay Act?
What are the laws surrounding hazardous working conditions?
What are the laws governing severance pay?
What is the Minimum Wage Act?
What are the laws concerning wage and hour disputes?
What are the laws concerning collective bargaining?
Related Blog Posts
Protecting Your Business with Proactive Labor Laws: A Step-by-Step Guide - July 31, 202310 Must-Know Labor Law Tips for Employers - August 7, 2023
How to Avoid Violations of Labor Law When Hiring and Firing - August 14, 2023
An Overview of the Minimum Wage Requirements in Your State - August 21, 2023
Navigating the Complexities of Wage and Hour Laws - August 28, 2023