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Immigration

Advertising Requirements in PERM—A Survey of BALCA’s Application of 20 CFR § 656.17(f)(7)

September 2, 2015

The U.S. Department of Labor’s (DOL) permanent labor certification (PERM) program requires employers to conduct specific recruiting activities to test the labor market before filing an application. The regulation at 20 CFR § 656.17(f) sets forth the advertising requirements, which also apply to the Notice of Filing (NOF). This includes the requirement at section 656.17(f)(7) that the ads “[n]ot contain wages or terms and conditions of employment that are less favorable than those offered to the alien.” The DOL’s Board of Alien Labor Certification Appeals (BALCA) has come to rely on this section to uphold denials of certifications in a variety of factual situations where the agency speculates that more detail may have generated more or less interest in the open positions.

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Supreme Court Forges New “Significant Burden” Interpretation of the Pregnancy Discrimination Act

3/25/2015 12:00:00 AM

On March 25, 2015, the Supreme Court of the United States settled a controversy surrounding an employer’s policy that provided light-duty work for certain employees (including some disabled employees) but not for pregnant workers. The case was brought by a worker who tried to show—through indirect evidence—that the policy resulted in the disparate treatment of pregnant workers.
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