NEW: FarmSTAND is representing farmworker advocates and workers acting to preserve really important federal protections for workers with H-2A visas. These organizations and workers have filed an amicus brief in a meritless legal challenge to the Biden Administration’s recently finalized rule protecting the rights of workers in temporary agricultural employment. They argue that the suit fundamentally misunderstands the purpose of the H-2A program, and that the relief sought by the plaintiff states and employers – the shredding of the full rule – would gravely harm the hundreds of thousands of agricultural workers who need its protection. Those protections include requiring seatbelts in vehicles transporting workers so as to prevent horrific traffic accidents, ensuring workers in employer-provided housing can receive guests and visits from service providers, and preventing employers from retaliating against workers who file a complaint or speak with an attorney. Groups on the brief include Comité de Apoyo a los Trabajadores Agrícolas, Community Legal Services, Farmworker Justice, Farmworker Legal Services, The Georgia Legal Services Program, Justice at Work, Legal Action of Wisconsin, Legal Aid Society of Mid-New York, Inc., The National Legal Aid and Defender Association, The Northwest Workers' Justice Project, Sur Legal Collaborative, United Farm Workers Of America, and The UFW Foundation. The individual amici Willie Shelly and Tyrone Cason work with H-2A workers at a farm in Mississippi and perform the same job duties. All amici are represented by FarmSTAND and Sur Legal. https://lnkd.in/ezpU_i3q
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Major legal changes are on the horizon, and it's crucial to stay informed. In our latest blog, we break down the upcoming shifts in employment and immigration laws that will impact businesses and visa applicants alike. We run-through: ➡️ New rights for carers, flexible working and pregnant staff ➡️ Regulations on tipping, working hours and harassment prevention ➡️ Increased salary thresholds for Skilled Worker and Spouse/Partner visas ➡️ Adjustments to the Shortage Occupation List Wondering how to prepare for these changes? Our blog provides practical tips for employers to update policies, handle requests and ensure compliance. Read here: https://loom.ly/Y5F7BqU #uklawchanges #immigrationpolicies #employmentlaw #employmentlawupdates #legalsupport #tannlawsolicitors #uksolicitors #legaltips #legaladvice #lawfirm #coventrysolicitors #leamingtonspasolicitors #birminghamsolicitors #warwickshiresolicitors #westmidlandssolicitors #tannlaw
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“Time and time again in our work we see migrant workers struggle with the small claims processes, or choose not to make claims at all because they are too daunted by the legal system. These are the clients that silently suffer underpayments and maltreatment when they are already facing the challenge of trying to build a life in a new and unfamiliar country. Legal proceedings are daunting, difficult, and costly for everyone. For a migrant worker who is unfamiliar with Australian laws, the English language, and may be facing significant disadvantage in other aspects of their life, legal proceedings are near impossible. Despite evidence that migrant worker exploitation and underpayment is rife, this important Report by the Migrant Justice Institute clearly shows how the legal system is failing migrant workers, and outlines what the Federal government needs to do. The legal system should not, and cannot, be another enabler of migrant worker exploitation, where it should be preventing and rectifying the issue” - Imogen Tatam, Senior Lawyer (Law Reform), Circle Green Community Legal.
Our latest report – All Work, No Pay – finds that it is virtually impossible for underpaid migrant workers to claim their wages in court. Federal labour laws are illusory for these workers because they can’t enforce their rights in practice. Today’s report explains why migrants can’t use the “small claims” process to recover unpaid wages, and sets out a blueprint outlining what the government can, and must, do to fix this problem -- supported by a coalition of 24 leading legal service providers and organisations across the country. We recommend three key sets of reforms. First, free and affordable legal services must be more widely available, including: 💡 A new free wages and superannuation calculation service 💡 Shifting costs so a worker who brings a successful claim can recover their legal expenses from the employer 💡 Increasing funding for community-based legal services and a new duty lawyer service to assist self-represented litigants in court. Second, wage claim processes should be simplified, including: 💡 Creating a new jurisdiction to resolve wage claims within the Fair Work Commission, a more user-friendly forum than a court, potentially sitting alongside a new Fair Work Court in a streamlined process 💡 Increasing accessibility of the court processes, including simplifying forms and rules of service, with stronger case management support. Third, all workers should be guaranteed payment when they obtain a court order against their employer, including: 💡 Establishing a new government guarantee scheme to pay workers their wage judgement if their employer disappears or refuses to pay 💡 Extending the Fair Entitlements Guarantee to all workers in Australia when their employer liquidates, regardless of immigration status. Endorsed by AMES Australia Australian Catholic Anti-slavery Network (ACAN) (ACAN) Be Slavery Free Australia Circle Green Community Legal Eastern Community Legal Centre Human Rights Law Centre Inner City Legal Centre (ICLC) JobWatch Justice Connect Marrickville Legal Centre Migrant Workers Centre Office of the NSW Anti-slavery Commissioner Redfern Legal Centre RMIT Business and Human Rights Centre Settlement Council of Australia Gai Walker SCALES community legal Sisters of Saint Joseph of the Sacred Heart South-East Monash Legal Service Uniting Church in Australia - Synod of Victoria and Tasmania University of Technology Sydney Student Legal Service University of Newcastle Legal Service UMSU - University of Melbourne Student Union Legal Service WEstjustice Youth Law Australia
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Our latest report – All Work, No Pay – finds that it is virtually impossible for underpaid migrant workers to claim their wages in court. Federal labour laws are illusory for these workers because they can’t enforce their rights in practice. Today’s report explains why migrants can’t use the “small claims” process to recover unpaid wages, and sets out a blueprint outlining what the government can, and must, do to fix this problem -- supported by a coalition of 24 leading legal service providers and organisations across the country. We recommend three key sets of reforms. First, free and affordable legal services must be more widely available, including: 💡 A new free wages and superannuation calculation service 💡 Shifting costs so a worker who brings a successful claim can recover their legal expenses from the employer 💡 Increasing funding for community-based legal services and a new duty lawyer service to assist self-represented litigants in court. Second, wage claim processes should be simplified, including: 💡 Creating a new jurisdiction to resolve wage claims within the Fair Work Commission, a more user-friendly forum than a court, potentially sitting alongside a new Fair Work Court in a streamlined process 💡 Increasing accessibility of the court processes, including simplifying forms and rules of service, with stronger case management support. Third, all workers should be guaranteed payment when they obtain a court order against their employer, including: 💡 Establishing a new government guarantee scheme to pay workers their wage judgement if their employer disappears or refuses to pay 💡 Extending the Fair Entitlements Guarantee to all workers in Australia when their employer liquidates, regardless of immigration status. Endorsed by AMES Australia Australian Catholic Anti-slavery Network (ACAN) (ACAN) Be Slavery Free Australia Circle Green Community Legal Eastern Community Legal Centre Human Rights Law Centre Inner City Legal Centre (ICLC) JobWatch Justice Connect Marrickville Legal Centre Migrant Workers Centre Office of the NSW Anti-slavery Commissioner Redfern Legal Centre RMIT Business and Human Rights Centre Settlement Council of Australia Gai Walker SCALES community legal Sisters of Saint Joseph of the Sacred Heart South-East Monash Legal Service Uniting Church in Australia - Synod of Victoria and Tasmania University of Technology Sydney Student Legal Service University of Newcastle Legal Service UMSU - University of Melbourne Student Union Legal Service WEstjustice Youth Law Australia
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Great to see this report released which highlights the underpayment of migrant workers & the barriers to addressing this. The report calls for increased legal assistance, simpler, more flexible decision making processes & access to financial support where an employer disappears, is liquidated or refuses to pay.
Our latest report – All Work, No Pay – finds that it is virtually impossible for underpaid migrant workers to claim their wages in court. Federal labour laws are illusory for these workers because they can’t enforce their rights in practice. Today’s report explains why migrants can’t use the “small claims” process to recover unpaid wages, and sets out a blueprint outlining what the government can, and must, do to fix this problem -- supported by a coalition of 24 leading legal service providers and organisations across the country. We recommend three key sets of reforms. First, free and affordable legal services must be more widely available, including: 💡 A new free wages and superannuation calculation service 💡 Shifting costs so a worker who brings a successful claim can recover their legal expenses from the employer 💡 Increasing funding for community-based legal services and a new duty lawyer service to assist self-represented litigants in court. Second, wage claim processes should be simplified, including: 💡 Creating a new jurisdiction to resolve wage claims within the Fair Work Commission, a more user-friendly forum than a court, potentially sitting alongside a new Fair Work Court in a streamlined process 💡 Increasing accessibility of the court processes, including simplifying forms and rules of service, with stronger case management support. Third, all workers should be guaranteed payment when they obtain a court order against their employer, including: 💡 Establishing a new government guarantee scheme to pay workers their wage judgement if their employer disappears or refuses to pay 💡 Extending the Fair Entitlements Guarantee to all workers in Australia when their employer liquidates, regardless of immigration status. Endorsed by AMES Australia Australian Catholic Anti-slavery Network (ACAN) (ACAN) Be Slavery Free Australia Circle Green Community Legal Eastern Community Legal Centre Human Rights Law Centre Inner City Legal Centre (ICLC) JobWatch Justice Connect Marrickville Legal Centre Migrant Workers Centre Office of the NSW Anti-slavery Commissioner Redfern Legal Centre RMIT Business and Human Rights Centre Settlement Council of Australia Gai Walker SCALES community legal Sisters of Saint Joseph of the Sacred Heart South-East Monash Legal Service Uniting Church in Australia - Synod of Victoria and Tasmania University of Technology Sydney Student Legal Service University of Newcastle Legal Service UMSU - University of Melbourne Student Union Legal Service WEstjustice Youth Law Australia
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SMLS is one of many organisations endorsing this latest Migrant Justice Institute Report – All Work, No Pay. The Report finds that it is virtually impossible for underpaid migrant workers to claim their wages in court. We know migrant workers already face enormous barriers and obstacles so complicated legal steps only make matters worse when unable to recover unpaid wages. The Report makes it clear that federal labour laws are an illusory for these workers who cannot enforce their rights in practice. The report offers key recommendations and a blueprint for what government can and must do. The Report also highlights the issue of CLCs and services like SMLS have in that we struggle to meet current demand without dedicated funding streams noting any available appointments we can offer for employment law matters usually book out the day they become available to clients. See Migrant Justice Institute for more information on the Report and their excellent work to achieve fair treatment and access to justice for migrant workers. We hope to hear more from the government soon on strengthened protections for migrant workers.
Our latest report – All Work, No Pay – finds that it is virtually impossible for underpaid migrant workers to claim their wages in court. Federal labour laws are illusory for these workers because they can’t enforce their rights in practice. Today’s report explains why migrants can’t use the “small claims” process to recover unpaid wages, and sets out a blueprint outlining what the government can, and must, do to fix this problem -- supported by a coalition of 24 leading legal service providers and organisations across the country. We recommend three key sets of reforms. First, free and affordable legal services must be more widely available, including: 💡 A new free wages and superannuation calculation service 💡 Shifting costs so a worker who brings a successful claim can recover their legal expenses from the employer 💡 Increasing funding for community-based legal services and a new duty lawyer service to assist self-represented litigants in court. Second, wage claim processes should be simplified, including: 💡 Creating a new jurisdiction to resolve wage claims within the Fair Work Commission, a more user-friendly forum than a court, potentially sitting alongside a new Fair Work Court in a streamlined process 💡 Increasing accessibility of the court processes, including simplifying forms and rules of service, with stronger case management support. Third, all workers should be guaranteed payment when they obtain a court order against their employer, including: 💡 Establishing a new government guarantee scheme to pay workers their wage judgement if their employer disappears or refuses to pay 💡 Extending the Fair Entitlements Guarantee to all workers in Australia when their employer liquidates, regardless of immigration status. Endorsed by AMES Australia Australian Catholic Anti-slavery Network (ACAN) (ACAN) Be Slavery Free Australia Circle Green Community Legal Eastern Community Legal Centre Human Rights Law Centre Inner City Legal Centre (ICLC) JobWatch Justice Connect Marrickville Legal Centre Migrant Workers Centre Office of the NSW Anti-slavery Commissioner Redfern Legal Centre RMIT Business and Human Rights Centre Settlement Council of Australia Gai Walker SCALES community legal Sisters of Saint Joseph of the Sacred Heart South-East Monash Legal Service Uniting Church in Australia - Synod of Victoria and Tasmania University of Technology Sydney Student Legal Service University of Newcastle Legal Service UMSU - University of Melbourne Student Union Legal Service WEstjustice Youth Law Australia
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It will be interesting to follow this case!
former ISTAC Cohort OSCE/ODIHR/ Human Trafficking Experiential Leader/ Best Selling Author/Global Speaker/IFBPW UN SC-Human Rights/Justice Advocate/BPW Canada VP 🇨🇦 Founder Int'l Survivor Led Charity
Simcoe County farm faces $1M class-action human trafficking lawsuit
orilliamatters.com
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Effective January 4, 2024, private employers must provide employees with a "workers' bill of rights," outlining the protections under federal, state, and local laws for all employees regardless of immigration status. Employers should review NYC Local Law No. 161 to ensure compliance. #EmploymentLaw #Employers #WorkersRights #slotnicklaw #slotnick
Navigating NYC's Newest Employment Legislation: Understanding the Workers' Bill of Rights and How It Affects Your Business in 2024
bipc.com
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Effective January 4, 2024, private employers must provide employees with a "workers' bill of rights," outlining the protections under federal, state, and local laws for all employees regardless of immigration status. Employers should review NYC Local Law No. 161 to ensure compliance. #EmploymentLaw #Employers #WorkersRights”
Navigating NYC's Newest Employment Legislation: Understanding the Workers' Bill of Rights and How It Affects Your Business in 2024
bipc.com
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📜 New Insights on Gibraltar's Employment Law In the ever-evolving landscape of employment regulations, staying updated is key for both employers and employees, especially in unique environments like Gibraltar. We're excited to share our latest blog post, offering an in-depth look at Gibraltar's employment law. This guide provides valuable information on contractual obligations, employee rights, and the intricacies of legal compliance within Gibraltar’s employment sector. Whether you're managing a team, starting a new role, or simply keen to stay informed about the local employment laws, this article is an essential read. It sheds light on critical aspects such as working conditions, termination procedures, and the legal nuances following Brexit. For those seeking to navigate Gibraltar's employment landscape with confidence and legal acuity, our blog serves as an informative resource. ➡️ Explore the full article here: https://bit.ly/3RD0LQA #EmploymentLaw #Gibraltar #LegalExpertise #ProfessionalDevelopment
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Absolutely great news for so many people! The Ministers for Justice and Enterprise, Trade and Employment have announced that eligible spouses and partners of General Employment Permit and Intra-Corporate Transferee Irish Employment Permit holders, who have applied for, and have been granted family reunification, in accordance with the Non-EEA Family Reunification Policy, will now be registered on a Stamp 1G permission, rather than a Stamp 3. This will allow the holder to take up employment, without the need to obtain a separate Employment Permit, of their own. In addition to this announcement, spouses and partners of Critical Skills Employment Permit holders and Researchers on a Hosting Agreement currently on a Stamp 3 are also now eligible for a Stamp 1G. In addition to this announcement, spouses and partners of Critical Skills Employment Permit holders and Researchers on a Hosting Agreement currently on a Stamp 3 are also now eligible for a Stamp 1G.
Attention eligible spouses and partners of General Employment Permit and Intra-Corporate Transferee Irish Employment Permit holders - Immigration Service Delivery
https://www.irishimmigration.ie
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