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Business owners wear many hats, often including that of human resource manager. Although savvy about sales, marketing and running their operations, entre-preneurs often struggle with employment eligibility requirements, non-discriminatory hiring practices and immigration issues. Examining potential immigration-related liabilities will help franchisees reduce their risk of non-compliance and develop sound employment practices and effective hiring policies. Moreover, with immigration reform on the horizon, franchisors need to help their franchisees understand their current obligations while preparing for change in the future.
Recent Developments in Immigration Enforcement
U.S. Immigration and Customs Enforcement (ICE) (www.ice.gov), a division of the Department of Homeland Security, is charged with enforcing the Immigration Reform and Control Act of 1986 (IRCA). One of ICE's goals is to investigate and enforce the nation's immigration laws to reduce the demand for illegal employment and protect employment opportunities for lawful workers. Employer compliance under IRCA has focused primarily on civil fines and a maximum penalty of six months' imprisonment and a $3,000 fine for pattern and practice of unlawful hiring. I-9 employment eligibility verification form violations typically result in a civil fine ranging from $100 to $1,100 per employee, with fines for knowingly hiring undocumented workers reaching up to $16,000 per worker.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.