California Bill Would Prohibit Consenting to Immigration Inspections

California Bill Would Prohibit Consenting to Immigration Inspections

A bill recently passed by both houses of the California state legislature and now awaiting the signature of Governor Jerry Brown would, with certain limited exceptions, prohibit California employers from voluntarily allowing Immigration and Customs Enforcement (ICE) agents onsite to conduct immigration inspections or to access employee records without a warrant or court order. Supporters of the bill describe it as a means of protecting California’s immigrant workers from abuse by federal authorities and of resisting President Donald Trump’s immigration policies, which have resulted in a spike in ICE raids and allegations of rights violations. SHRM’s Lisa Nagele-Piazza has the details on the bill:

Among other things, A.B. 450 would require employers to:

  • Obtain warrants and subpoenas from federal immigration agents before granting them access to nonpublic areas of the worksite or permitting them to inspect certain employee records.
  • Notify workers and their labor unions about an ICE enforcement activity within 72 hours of receiving notice of the inspection.
  • Provide each current affected employee and the employee’s authorized representative with the results of an inspection within 72 hours of receiving such information from ICE.
  • Pay penalties of between $2,000 and $10,000 for violations.

Currently, employers may voluntarily comply with federal agents’ requests to access the worksite during an immigration-related investigation.

If Brown signs the bill, organizations in the state will have to train their employees not to voluntarily consent to ICE actions, among other compliance challenges.

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As US and UK Look Inward, Foreign Students Look Elsewhere

As US and UK Look Inward, Foreign Students Look Elsewhere

The influx of foreign students to US universities is slowing down and many are opting to study in Canada instead, Laura Krantz reports for the Boston Globe, in a trend driven partly by perceptions of growing hostility toward immigrants in the US since the election of President Donald Trump:

At the University of Toronto, the number of foreign students who accepted admissions offers rose 21 percent over last year, especially from the United States, India, the Middle East, and Turkey. Other universities across the country also saw record increases in the last year. … The increase is not all because of Trump. Canada has made international student recruitment a national goal to spur economic growth. It now has 353,000 international students and wants 450,000 by 2022. But the political uncertainty in the United States — as well as in the United Kingdom — has given Canada’s effort an unexpected boost.

Overall, the number of international students in Canada has grown 92 percent since 2008. They now make up 1 percent of the country’s population. By comparison, the United States has about 1 million foreign students and a population ten times that of Canada. The number of foreign students in the United States has been growing for years, but last year it grew at the slowest rate since 2009.

Seeing a potential advantage over the US and UK, Canada has been making a significant push to lure international talent away from competitor countries, advertising itself as a more welcoming destination for immigrants, and expressing a full-throated defense of diversity and multiculturalism. The campaign is beginning to show results, with some tech startups and talent choosing to set up shop or look for work in Canada rather than the US.

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UK Study: Many Managers Struggle to Recognize Mental Health Issues

UK Study: Many Managers Struggle to Recognize Mental Health Issues

New research released by a UK healthcare provider finds that over one third of managers would have difficulty identifying mental health problems among their staff, People Management’s Emily Burt reported on Thursday:

The report from Bupa also found that a similar proportion (30 per cent) of those with line manager duties would not know what to do if somebody in their team did have issues with mental health. … Research published this week by the Organisation for Economic Co-operation and Development revealed that people in the UK are among the most depressed in the developed world, thanks in part to job dissatisfaction. According to the data, 10 per cent of 25 to 64-year-olds in the UK are suffering from depression, ranking the UK in joint seventh place out of 25 European and Scandinavian countries.

Mental health concerns are also having a growing impact on the British workforce: A study published this month by NHS Digital showed that the number of UK employees who had taken sick leave or been put on restricted duties due to mental and behavioral health problems had increased substantially in the past two years, with these issues accounting for nearly a third of all fit notes issued since late 2014.

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California Bill Would Require Large Companies to Report Gender Pay Gaps

California Bill Would Require Large Companies to Report Gender Pay Gaps

Last month, the White House Office of Management and Budget announced that it was putting on hold a rule proposed by the Obama administration in 2016 that would have required organizations with more than 100 employees to submit summary pay data to the Equal Employment Opportunity Commission each year showing what employees of each gender, race, and ethnicity earn. This reversal relieves employers of what opponents say are overly burdensome and costly regulations that would do nothing to address pay gaps.

For large employers in California, however, that relief may be short-lived. At the firm’s blog about California employment law, Seyfarth Shaw attorneys point to a piece of legislation that went to Governor Jerry Brown’s desk this week that would “require companies with at least 500 employees to compute differences between the wages of male and female exempt employees and board members located in California and file the report with the California Secretary of State,” which would then publish this information for public view:

If the bill is signed by Gov. Brown, beginning on July 1, 2019, and biennially thereafter, impacted employers will have to collect and compute:

  • The difference between the wages of male and female exempt employees in California using both the mean and median wages in each job classification or title.
  • The difference between the mean and median wages of male board members and female board members located in California.
  • The number of employees used for these determinations.

This information would then be reported to the California SOS by January 1, 2020 (and biennially thereafter) on a form categorized consistent with Labor Code Section 1197.5—the California Fair Pay Act (“FPA”).

The bill, they add, does not establish that a gender wage gap in this information is a violation of the Fair Pay Act, but opponents claim it would not need to, as it “effectively forces employers to hand over to potential plaintiffs all information they might need to file a lawsuit, without any context that would explain permissible differentials.”

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Fed Study: Discrimination Is Causing Growth in the US Racial Pay Gap

Fed Study: Discrimination Is Causing Growth in the US Racial Pay Gap

Last year, an alarming report from the left-leaning Economic Policy Institute found that the gap in income between black and white Americans had grown from 1979 to 2015, with black men earning 22.0 percent less, and black women making 34.2 percent less, than white men with the same education, experience, and geographical location. A new study by the Federal Reserve Bank of San Francisco confirms that finding, showing that the black-white wage gap has been growing and furthermore, that economic factors do not explain why.

The hourly wage ratio of the average black male to his white male counterpart shrank from 80 percent in 1979 to 70 percent in 2016, the San Francisco Fed finds. Black women earned 95 percent of what white women made in 1979, but that has gone down to 82 percent in 2016. While some of the gap can be explained by attributes such as location, education, working hours, job type, etc., the reason for its growth is less tied to those factors and economists are struggling to explain the increase. The Fed says this “implies that factors that are harder to measure—such as discrimination, differences in school quality, or differences in career opportunities—are likely to be playing a role in the persistence and widening of these gaps over time.” Eshe Nelson at Quartz adds:

In fact, additional research by the San Francisco Fed showed that black people with bachelor’s degrees saw the earnings gap with their white counterparts increase by more than for high-school graduates. … Ultimately, it seems that discrimination—whether in the “unexplained” category, or more structural racial bias that exists in educational systems and elsewhere—is widening the disparity in wages between black and white workers. Time alone will not close this gap, researchers conclude. … time seems to be making it worse.

One factor that may also account for the recent rise is that black workers are hit harder by recessions and recover more slowly than the rest of the labor market. It’s very likely that the cumulative effect of the recessions of 1987 and the late 2000s reversed, or even worsened, any progress made from the late 1960s to the early 80s. Bloomberg’s Jeanna Smialek and Jordyn Holman idenfity why this is such a problem:

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Former Employees Sue Google, Alleging Gender Discrimination

Former Employees Sue Google, Alleging Gender Discrimination

Three women have filed a lawsuit against Google, their former employer, in which they accuse the tech giant of systematically discriminating against women in pay and career development, and their lawyer is seeking class action status for the claim, the Associated Press reported on Thursday:

The suit, led by lawyer James Finberg of Altshuler Berzon LLP, is on behalf of three women — Kelly Ellis, Holly Pease and Kelli Wisuri — who all quit after being put on career tracks that they claimed would pay them less than their male counterparts. The suit aims to represent thousands of Google employees in California and seeks lost wages and a slice of Google’s profits.

“I have come forward to correct a pervasive problem of gender bias at Google,” Ellis said in a statement. She says she quit Google in 2014 after male engineers with similar experience were hired to higher-paying job levels and she was denied a promotion despite excellent performance reviews. “It is time to stop ignoring these issues in tech.”

The lawsuit, which has been in the works since June, follows an investigation by the US Labor Department that claimed to find “systemic compensation disparities against women” throughout the company. Google has strongly disputed the department’s allegations, insisting that it has no gender pay gap and publishing its pay methodology in April in an effort to refute them, and a judge ruled that the company did not have to hand over all the detailed pay data the government had demanded. Nonetheless, Finberg has said the suit is based partly on the Labor Department’s analysis.

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Studies Reveal UK Minorities’ Perceptions of Discrimination at Work

Studies Reveal UK Minorities’ Perceptions of Discrimination at Work

A new survey of ethnic minority business leaders in the UK from the consultancy Green Park shows that racial discrimination remains a serious challenge in the British workplaces, while UK businesses are not making sufficient progress toward meeting diversity and inclusion goals. The survey’s headline findings include that 18 percent of these leaders have personally experienced workplace discrimination in the past two years and that 82 percent of them do not trust their organizations and believe that there is institutional prejudice against minorities in the UK, People Management’s Emily Burt reports:

Meanwhile, just 2 per cent of companies surveyed by Green Park reported that they were meeting their targets for ethnic minority board-level representation, while more than a tenth (13 per cent) said they had an ethnic diversity target but no strategy for meeting it. …

However, nearly three-quarters (73 per cent) of those surveyed felt most workplace prejudice was unconscious. In light of this, the researchers recommended that changes in attitudes towards institutional racism must come from the top and not just left to HR to “sort out”. But while 60 per cent of the surveyed ethnic minority leaders said they believed tackling institutional racism had moved up the organisational agenda in recent months, two-thirds of these respondents said workplace language around racism was emotive and made people uncomfortable.

Burt also points to a study published earlier in the year by the University of Manchester, which reviewed 25,000 incidents of racism in the workplace and came to the conclusion “that workplace racism was increasingly normalised,” with nearly 30 percent of surveyed employees saying they had “either witnessed or experienced racism from managers, colleagues, customers or suppliers.”

Meanwhile, the BBC reports on another new study conducted by the Trades Union Congress, which also found that more than one third of black or minority ethnic workers have experienced racism in the workplace:

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