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      All articles — page 10

      The full handbook in alphabetical order, across every subject.

      109
      Correctional Law

      Telephone and Electronic Communication Rules and Rates

      Communication from custody is monitored and recorded where notice has been given, on a consent theory supported by posted warnings, handbook provisions and recorded announcements. Calls to counsel may be placed unmonitored where arranged in advance under the institution's procedure. Rates and ancillary charges for calling services are federally regulated under authority in 47 U.S.C. 276, and electronic messaging is monitored rather than privileged.

      6 min readFederal and state

      110
      Immigration Sponsorship

      Tentative Nonconfirmations and the Right to Contest

      When an electronic verification case returns a mismatch, the employer notifies the employee privately, provides the written further action notice, and lets the employee decide whether to contest. If the employee contests, the employer refers the case and hands over the confirmation stating the employee's deadline. Throughout, the employer may not terminate, suspend, reduce hours, withhold pay or training, or delay a start date. Only a final nonconfirmation permits action.

      5 min readFederal law

      111
      Immigration Sponsorship

      The Actual Wage Obligation and the Memorandum Behind It

      An employer must pay the sponsored worker at least the actual wage paid to all other individuals with similar experience and qualifications for the specific employment in question at the same establishment, or the prevailing wage for the occupation in the area, whichever is higher. A written memorandum explaining the system used to set the actual wage goes into the public access file, and lawful pay factors must be applied consistently across the comparison group.

      5 min readFederal law

      112
      Immigration Sponsorship

      The Audit Notification and the Supervised Recruitment That Can Follow

      An audit notification requires the employer to furnish the documentation supporting the application within a period stated in the letter, with a single extension available on request. A failure to respond results in denial, and the denial is not subject to reconsideration or review. The certifying officer may also require supervised recruitment, in which advertisements are drafted for approval, placed as directed, and applicants are routed to the officer rather than to the employer.

      5 min readFederal law

      113
      Government Contracts

      The Debriefing and the Clock It Starts

      An offeror excluded before award, or notified of an award in a negotiated procurement, may obtain a debriefing by written request made within three days of the notice. A required debriefing must disclose the evaluation of the offeror's own proposal, the awardee's evaluated price and technical rating, any overall ranking and the rationale for award. It may not disclose point-by-point comparisons. The debriefing date controls both the protest deadline and the window for the automatic suspension.

      5 min readFederal law

      114
      Labor Relations

      The Duty to Bargain in Good Faith, and Impasse

      Section 8(d) defines bargaining as the mutual obligation to meet at reasonable times and confer in good faith over wages, hours and other terms of employment, while compelling neither agreement nor concession. A party seeking to modify a contract must give sixty days' written notice and notify federal and state mediation agencies within thirty days after it. On genuine impasse an employer may implement its pre-impasse offers.

      5 min readFederal law

      115
      Immigration Sponsorship

      The Notice of Inspection and the Three Days That Follow

      An inspection begins with a written notice requiring production of the employment verification forms within three business days of the request. A subpoena for supporting records ordinarily accompanies it, covering payroll, employee lists and corporate documents. The inspection compares the forms against those records. It closes with one of several notices, ranging from a compliance letter to a notice of intent to fine, which carries its own deadline for requesting a hearing.

      6 min readFederal law

      116
      Immigration Sponsorship

      The Required Recruitment Steps and the Order They Must Follow

      For a professional position the employer must place a job order with the state workforce agency for a set period and run two Sunday advertisements in a newspaper of general circulation, then complete three additional steps drawn from a list in the regulation. No step may be older than the outer limit before filing, and other than one permitted additional step, all recruitment must conclude before a quiet period that runs up to the filing date. A signed recruitment report records the outcome.

      5 min readFederal law

      117
      Healthcare Regulation

      The Self-Referral Prohibition and the Exceptions to It

      Where a physician or an immediate family member holds an ownership interest in or a compensation arrangement with an entity, the physician may not refer designated health services to that entity for federal payment and the entity may not present a claim for them, unless the arrangement satisfies an exception in full. Liability does not depend on intent. Amounts collected on prohibited referrals must be refunded, and knowing violations carry additional penalties.

      5 min readFederal and state

      118
      Government Contracts

      The Settlement Proposal After a Contract Is Ended Early

      On a convenience termination the contractor stops work, terminates subcontracts, protects and disposes of property, and submits a settlement proposal within one year of the effective date unless the period is extended in writing. Recoverable amounts include preparations and work done, initial costs, settlement expenses, subcontractor settlements, and reasonable profit on work performed. Anticipatory profit is not recoverable, and a loss contract carries no profit.

      5 min readFederal law

      119
      Immigration Sponsorship

      The State Job Order and the Print Advertisement Rules

      The job order is placed with the state workforce agency serving the area of intended employment and runs for a period fixed by regulation, with the start and end dates entered on the application. Two advertisements run on different Sundays in the newspaper of general circulation most appropriate to the occupation. An advertisement must name the employer, describe the vacancy and the area specifically, and may not state requirements exceeding those filed.

      6 min readFederal law

      120
      Immigration Sponsorship

      The Verification Form: Who Signs, and by When

      The employee completes and signs the first section of Form I-9 no later than the first day of employment, and never before accepting an offer. The employer examines the documents the employee chooses to present and completes the second section within three business days of the first day of employment, or by the first day where the engagement is shorter than that. The completed form is retained for three years after the date of hire or one year after employment ends, whichever is later.

      6 min readFederal law