Intersection of Employment Law, DOJ, and PERM Recruitment

Intersection of Employment Law, DOJ, and PERM Recruitment

Intersection of Employment Law, DOJ, and PERM Recruitment (Seminar Recording)
Live Event Date: 05/09/2023
Format Length CLE Eligible
Web Seminar 90 min. Yes

Some employers are already voluntarily disclosing pay ranges on job postings in their efforts to create a culture of “trust” and “transparency.” However, many states and localities have enacted pay transparency laws, making pay scales a required element of recruitment ads and job postings. In addition, the U.S. Department of Justice (DOJ) has posited that having differentiating recruitment processes for PERM and “regular” hiring is potentially discriminatory. Learn more about what employers must now be mindful of in regards to new state and local salary transparency laws, as well as how recent DOJ action may impose additional requirements on PERM recruitment.

Featured Topics:

  • Salary transparency laws: What are they, and who has them?
  • “I’m an immigration attorney, not an employment lawyer!” How do practitioners know if their client’s PERM program aligns with salary transparency laws, or is potentially discriminatory?
  • The PERM regulations do not require job advertisements to include salary: Do employers really need to list the pay scale in PERM recruitment?
  • How can PERM recruitment be discriminatory if it follows the U.S. Department of Labor’s rules and regulations?
  • Penalties for non-compliance can be steep: What issues should you address with clients?

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Amy L. Peck (DL), AILA Verification & Documentation Liaison Committee Chair, Omaha, NE

As co-leader of the firm’s Immigration practice group, Amy L. Peck plays a key role in helping the group’s attorneys and firm achieve success.

Amy previously served for 12 years as one of 21 directors elected to the Board of Governors of the 14,000-member American Immigration Lawyers Association (AILA) and is the current chair of the AILA National Verification Committee, which liaises with USCIS, ICE, and OCAHO on I-9, E-verify, and related worksite issues.

Leigh N. Ganchan, AILA Latin America and Caribbean Chapter Chair/Verification & Documentation Liaison Committee, Houston, TX (Ogletree)

Leigh N. Ganchan provides business immigration advice to employers and professionals in a variety of industries. Leigh is certified in Immigration and Nationality law by the Texas Board of Legal Specialization. Leigh is currently the Chair of AILA’s Latin America and Caribbean Chapter (LACC). She also serves on the Board of Governors for the American Immigration Lawyers Association (AILA).

Lori T. Chesser, AILA Verification & Documentation Liaison Committee, Des Moines, IA

Lori T. Chesser is a senior shareholder and Immigration Department Chair at Dentons Davis Brown in Des Moines, Iowa. A frequent speaker and writer on immigration law and policy, she has been active in AILA and the American Immigration Council, as well as local and state-wide organizations. She currently serves on the AILA Verification and Documentation Liaison Committee and served as past chair.

J. Anthony Smith, Los Angeles, CA

J. Anthony Smith ("Tony") is a Founding and Managing Partner at Tafapolsky & Smith LLP. He provides strategic counseling to employers and employees regarding employment-based immigration process, policy, and compliance issues, including M&A, RIF, corporate restructuring, and other corporate changes. He also works on administrative appeal and complex audit matters, channeling (kind of) his former life as a litigator in state, federal, and appellate courts.

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.