PRESENTATION TITLE Green Cards ─ Hiring and Firing

VISAS Non-Immigrant/Immigrant Non-Immigrant Visas Business Visitor Visa E-1 Treaty Trade Visa E-2 Treaty Investor Visa L-1 Intracompany Transferee H-1B Temporary Worker of Distinguished Merit and Ability H-2 Temporary Worker Performing Temporary Services in Short Supply H-3 Trainee

Immigrant Visas First Preference ─ Priority Workers Second Preference ─ Members of the Professions Holding Advanced Degrees or Foreign Nationals of Exceptional Ability Third Preference ─ Skilled Workers, Professionals and Other Workers Fourth Preference ─ Special Immigrants Fifth Preference ─ Employment Creation Investors Labor Certification How to go about it / Risks

I.HIRING At will presumption No contract requirement Be careful if/when issuing contract → General Policies Contract recommended (when general policies are inadequate) non-compete clauses non-solicitation severance pay deferred compensation bonus & other incentives

CHECK LANGUAGE ─ IMPLIED RIGHTS such as termination for cause special grievances procedures probation periods → Contract terms govern No requirement for written contract or particular language clarity employee understanding → Issue general employment policies

II.DURING EMPLOYMENT Change require employee consent except reasonably justified reservation for change No-discrimination Arbitration clauses avoid Jury Trial prevents/no access to discovery

Wages minimum wages overtime pay 1.5 > 40 h/week exempt/non-exempt substantial damages Change requires proper notice/ERISA ─ COBRA procedures Vacation/Leave no obligation to provide vacation no vacation first year (normally) ≤ 12 weeks unpaid leave/12-month period after 12 months of employment for family & health reasons (incl. birth and adoption of child) no salary during illness

Pension/Health Insurance no requirement to provide if pension provided ─ ERISA ─ 401 (k) if health insurance ─ COBRA Unions/Collective Agreements elections at work > 50%/unit → obligation to recognize union/good faith negotiations collective agreement works councils not recognized

Termination/Replacement At will presumption unless 1)explicit or implied in contract or collective agreement 2)attempts to stop employees’ participation in protected concerned practices 3)exercising right under statutes, including state and federal. Whistle blower protection 4)breach of good faith and fair dealing obligation (common law). Fixed term contracts require cause to terminate Unlawful or wrongful dismissal may lead to back pay, compensatory and punitive damages.

Discrimination Conflicting rules in federal/state legislation Federal statutes (not exhaustive) ADA ─ Americans with disabilities ADEA ─ protection for age 40+ Civil Rights Act ─ race, color, religion, national origin, sex or pregnancy EPA ─ Equal Pay Act

Enforcement EEOC ─ Equal Employment Opportunity Commission Private Action

Olle Jansson address: Cell phone: +46 (0)