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      All articles — page 11

      The full handbook in alphabetical order, across every subject.

      121
      Immigration Sponsorship

      The Willful Violator Designation and What It Triggers

      An employer becomes a willful violator when a final agency or judicial finding establishes a willful failure to meet a condition of the application, or a material misrepresentation in it. For a period of years running from that finding, every application the employer files carries the additional attestations otherwise reserved for dependent employers, exempt workers provide no relief, and the agency may open investigations without any complaint at all.

      5 min readFederal law

      122
      Immigration Sponsorship

      Third-Party Placement and the End-Client Documentation

      A petition covering services in more than one location must include an itinerary showing the dates and places of the intended work. Where the worker sits at a customer site, the sponsor must also hold the agreements linking itself to that customer, evidence that it retains the right to control the work, a certified application covering the location, and proof that notice was posted there before placement began.

      5 min readFederal law

      123
      Immigration Sponsorship

      Training and Internship Programs: The Placement Plan

      A designated sponsor places an exchange visitor with a host organization under a written placement plan signed by all three parties before the program starts. The plan sets out phases, learning objectives, supervision and the evaluation schedule. Certain placements are barred outright, including unskilled or casual labor and positions weighted toward clerical work. The sponsor verifies the host's capacity and carries the sanction if the placement is not what the plan described.

      6 min readFederal law

      124
      Environmental Law

      Used Oil, Universal Waste and the Simpler Handling Tracks

      Used oil managed under 40 CFR part 279 and universal waste managed under 40 CFR part 273 are subject to reduced standards rather than the full generator, transporter and treatment rules. Used oil handling turns on labeling, container integrity, release response and a halogen presumption. Universal waste covers batteries, pesticides, mercury-containing equipment, lamps and aerosol cans, with a one-year accumulation limit and handler duties that scale at five thousand kilograms.

      6 min readFederal and state

      125
      Healthcare Regulation

      Using Health Information Without Written Authorization

      A covered entity may use or disclose protected health information without authorization to the individual, for treatment, payment and health care operations, under an opportunity to agree or object, and for an enumerated set of public interest purposes. Everything outside that list requires a written authorization, and psychotherapy notes, marketing and any sale of information require one regardless. Permitted disclosures are separately limited to the minimum necessary to accomplish the purpose.

      5 min readFederal and state

      126
      Labor Relations

      Weingarten Rights and the Investigatory Interview

      An employee who reasonably believes an interview may result in discipline may request that a union representative attend. The right is grounded in the Section 7 guarantee of concerted activity, not in any express clause. The employer need not volunteer it, but on request must grant representation, end the interview, or offer the employee a choice between the two. Denial violates Section 8(a)(1).

      5 min readFederal law

      127
      Immigration Sponsorship

      What an Employer Promises on a Labor Condition Application

      An employer filing Form ETA-9035 attests that it will pay the higher of the actual and prevailing wage, that working conditions will not adversely affect similarly employed workers, that no strike or lockout exists in the occupational classification at the place of employment, and that notice has been given. The wage promise runs until a bona fide termination, the notice promise attaches to each place of employment, and a public access file must be assembled within one working day of filing.

      6 min readFederal law

      128
      Healthcare Regulation

      When Exposure of Health Information Must Be Reported

      An acquisition, access, use or disclosure of protected health information not permitted by the privacy rule is presumed a breach unless the entity documents a low probability of compromise using four factors: the nature of the information, who received it, whether it was actually acquired or viewed, and the extent of mitigation. Individual notice is due no later than sixty calendar days after discovery, with separate media and federal tiers keyed to the number affected.

      6 min readFederal and state

      129
      Immigration Sponsorship

      Withdrawing and Refiling a Labor Certification

      Requests to modify an Application for Permanent Employment Certification are not accepted once it is filed. An employer that needs a different job title, wage, worksite or requirement must withdraw and refile. Withdrawal does not erase an audit notification already issued, does not preserve the priority date, and does not extend the validity of recruitment beyond the windows the regulation sets. The refiled case is new in every respect except the retention duty, which attaches to both.

      6 min readFederal law

      130
      Advertising Law

      Written Warranties, Disclaimers and Presale Availability

      The Magnuson-Moss Warranty Act at 15 U.S.C. 2301 to 2312 governs written warranties on consumer products. A warranty on a product costing more than a threshold amount must be designated full or limited, and its terms must be disclosed in a single document in readily understood language under 16 CFR Part 701. A supplier that gives a written warranty may not disclaim or modify implied warranties, though a limited warranty may restrict their duration. Part 702 requires presale availability.

      6 min readFederal law