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The Woes of WAL-MART: A Lesson In Independent Contractor Practices And Immigration Law (Non)ComplianceBy Carol A. Entelisano of Tanner & Guin, L.L.C.News headlines over the last 18 months have been sprinkled with reports of the federal government raiding and prosecuting employers for violations of the immigration laws. The government is looking beyond the mere labels of "independent contractor" to see if the employer had knowledge of its contractors' practices.
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Research Tools
Associations
- LPA Public policy advocacy organization representing corporate executives interest in human resource policy.
- National Labor Management Association National membership organization devoted to helping management and labor work together for constructive change.
- Society for Human Resource Management Provides education and information services, conferences and seminars, government and media representation for the human resource profession.
Government Resources
- Bureau of Labor Statistics Features statistics on wages, earnings, benefits, productivity and more.
- BusinessLaw.gov Includes plain English guides on managing employees.
- Equal Employment Opportunity Commission Features laws, regulations, policy guidance, and resources for employees and employers.
- Federal Mediation and Conciliation Service Mediates disputes in contract negotiations between employers and unions representing employees in the private, public and federal sectors.
- National Institute for Occupational Health and Safety Publications, topic index, research, news and Federal Register Notices.
- National Mediation Board Responsible for promoting harmonious labor-management relations within the railroad and airline industries. Features NMB rules and recent determinations.
- Occupational Safety and Health Administration (OSHA) Features OSHA regulations and compliance resources.
- Social Security Administration Features online services and benefit information.
- U.S. Department of Justice ADA Home Page Features Americans with Disabilities Act legal documetns, publications and resources.
- U.S. Department of Labor Features labor laws, regulations, statistics and more.
- U.S. Merit Systems Protection Board Includes forms, publications, and board decisions.
Laws
- Employees' Benefits Regulations Code of Federal Regulations (CFR), Title 20.
- Labor Laws U.S. Code, Title 29.
- Labor Regulations Code of Federal Regulations (CFR), Title 29.
- Laws Enforced by the EEOC From the Equal Employment Opportunity Commission. Includes texts of Title VII of the Civil Rights Act, the Equal Pay Act of 1964, the Age Discrimination in Employment Act (ADEA) of 1967 and more.
- Office of Administrative Law Judges From the U.S. Department of Labor. Includes a collection of research materials related to administrative-adjudicative proceedings, administrative appellate board decisions, unpublished ALJ decisions, Judges' Deskbooks and Benchbooks, and more.
- Public Health and Welfare Laws U.S. Code, Title 42.
Web Sites
- Employment Dispute Resolution Rules From the American Arbitration Association.
- International Labor Organization (ILO) Conventions, bibliographies and abstracts of national labor laws and ILO documents.
- LaborWEB AFL-CIO home page featuring policy statements, boycott lists, and articles.
- National Labor Committee (NL) Home page Covers human and labor rights abuses by corporations.
- National Whistleblower Center Assists government whistleblowers and those from industries which are environmentally sensitive.
- North American Free Trade Agreement (NAFTA) From Public Citizen. Features searchable database of job loses due to NAFTA by state or company.
Westlaw Databases
- ADA & People with Mental Illness (ABA-DISMAN)
- ADA Update (ADAUP)
- Administrative Agency Databases Combined (FLB-ADMIN)
- Administrative Materials Combined (FPEN-ADMIN)
- American Arbitration Association Publications (AAA-PUBS)
- Americans with Disabilities Act Handbook (JW-ADA)
- Americans with Disabilities Act of 1990 - Legislative History (ADA-LH)
- Americans with Disabilities Act Technical Assistance Manuals (ADA-TAM)
- Americans with Disabilities Act: Practice and Compliance Manual (AMDISPCM)
- Andrews Employment Litigation Reporter (ANEMPLR)
- Andrews Pension Fund Litigation Reporter (ANPFLR)
- Andrews Repetitive Stress Injury Litigation Reporter (ANRSILR)
- Andrews Sexual Harassment Litigation Reporter (ANSEXHLR)
- ARBIT Private Database (ARBIT)
- BNA Combined Labor Arbitration Decisions (LA-COMB)
- BNA Employment Policy & Law Daily (BNA-EPLD)
- BNA Labor Databases (BNA-LB)
- BNA Labor Relations Reporter: Multistate Case Law (MLRR-CS)
- BNA Occupational Safety & Health Daily (BNA-OSHD)
- BNA Pension & Benefits Reporter (BNA-PEN)
- BNA Pensions & Benefits Daily (BNA-PBD)
- Code of Federal Regulations (FPEN-CFR)
- Compensation & Benefits Update (CB-UPDATE)
- Compensation and Benefits Review (COMPBENREV)
- Daily Labor Report (BNA-DLR)
- Disability Discrimination in Employment (DISDE)
- Disability Discrimination in the Workplace (DISDW)
- Disability Law Update (DISCRIMLU)
- Dispute Resolution Journal (DRJ)
- Employee Dismissal Law & Practice (JW-EMPDIS)
- Employee Fringe and Welfare Benefit Plans (EMPFRINGE)
- Employee Relations Law Journal (EMRELLJ)
- Employees Retirement Income Security Act of 1974 (ERISA) Legislative History (ERISA-LH
- Employment Alert (EMPALERT)
- Employment Discrimination Coordinator & Employment Coordinator Combined (EMPCOORD)
- Employment Discrimination Law Updated (OAKEDLU)
- Employment Law (EMPLOYLAW)
- Employment Law Jury Verdicts (JV-EMPL)
- Employment Law Report (OAKELR)
- Employment Law Strategist (EMPLST)
- Employment Law Update (EMLUP)
- ERISA Litigation Reporter (ERISALR)
- Family & Medical Leave Act of 1993 - Legislative History (FAMLV-LH)
- Federal Cases (FLB-CS)
- Federal Cases (FPEN-CS)
- Federal Equal Employment Opportunity Commission Decisions (FLB-EEOC)
- Federal Immigration Administrative Decisions (FIM-ADMIN)
- Federal Mine Safety & Health Review Commission (FLB-FMSHRC)
- Federal Occupational Safety & Health Review Commission (FLB-OSRC)
- Federal Register (FPEN-FR)
- Federal Statutes & Regulations Combined (FLB-CODREG)
- Federal Statutes & Regulations Combined (FPEN-CODREG
- Final, Temporary & Proposed Regulations (FPEN-REG)
- Government Employee Relations Report (BNA-GERR)
- HR Policies & Practices Update (HRPP-UPDATE)
- HR Series Compensation and Benefits (HRS-CB)
- HR Series Fair Employment Practices (HRS-FEP)
- HR Series Policies and Practices (HRS-PP)
- HR Wire (HR-WIRE)
- Human Resource Guide (HRGD)
- Immigration Law and Business (IMLB)
- Industrial & Labor Relations Review (INDLRR)
- Labor Arbitration Information System (LAIS)
- Labor Arbitration Reports (LRR-LA)
- Labor Lawyer (LABLAW)
- Law Reviews, Texts & Bar Journals Combined (LB-TP)
- Litigating Age Discrimination Cases (LITADCS)
- Litigating Wrongful Discharge Claims (LITWDCS)
- Multiemployer Pensions Act of 1980 Legislative History (MULTEMPL-LH
- Multistate Database (MLB-CS)
- Multistate Labor & Employment - Headnotes (MLB-HN)
- National Mediation Board Decisions (FLB-NMB)
- Nonqualified Deferred Compensation Arrangements (NQDCOMPA)
- Occupational Safety & Health Law (OSHL)
- OSHA Inspection & Enforcement Reports (OSHA-INSPCT)
- Pension & Retirement Benefits Topical News (PENNEWS)
- Pension & Welfare Benefits Administration ERISA Opinion Letters (FPEN-ERISA)
- Pension & Welfare Benefits Administration Information Letters (FPEN-PWBAIL)
- Pension and Benefits Administration Materials (FPEN-PWBA)
- Pension Benefit Guaranty Corporation News Releases (FPEN-NR)
- Pension Benefit Guaranty Corporation Opinion Letters (FPEN-PBGC)
- Pension Management (PENSIONMGT)
- Public Employment Law Report (OAKPEMPLR)
- Qualified Deferred Compensation Plans (QDCOMPP)
- Qualified Retirement Plans (QRP)
- RIA Pension & Benefits Week (RIA-PBW)
- State Environmental, Health & Safety Regulations (ENFLEX-STATE)
- Tax Management Compensation Planning Journal (TM-CPJ)
- Tax Management Portfolios - Compensation Planning Series (TM-CP)
- U.S. Code Annotated (FLB-USCA)
- U.S. Code Annotated (FPEN-USCA
- U.S. Office of Government Ethics Opinions (FETH-OGE)
- Wage and Hour Law: Compliance and Practice (WHLCP)
- Warren, Gorham & Lamont Combined Pension and Benefits Treatises (WGL-TAXTPEN)
- West Virginia Education and State Employees Grievance Board (WVLB-ADMIN)
- WESTLAW Topical Highlights (WTH-LB)
- White Collar Crime Reporter (ANWCCR)
- Workers' Compensation Guide (WCGD)
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