Jackson Lewis P.C. (LexBlog Mexico)

Now, Mexicans applying for TN status are eligible for four-year visas by paying a larger fee. This option allows Mexicans to avoid the hassles associated with having a three-year TN visa approval but only a one-year visa. Since 1993, Canadians and Mexicans have been able to enter the United States to work in certain fields...

Manufacturing companies looking for creative solutions to build the talent pool, especially to fill more skilled positions, should consider the TN work visa, a type of work visa available to citizens of Mexico and Canada. For further analysis and insight, please see our article here.

As of January 22, 2022, all non-U.S. individuals seeking entrance to the United States at land or sea ports of entry on the Mexican or Canadian borders must be “fully vaccinated” and provide proof of such. There is no longer an exception for “essential” travel. The requirement does not apply to U.S. individuals, i.e., U.S. citizens, Lawful...

As of January 22, 2022, all non-U.S. individuals seeking entrance to the United States at land or sea ports of entry on the Mexican or Canadian borders must be “fully vaccinated” and provide proof of such. There is no longer an exception for “essential” travel. The requirement does not apply to U.S. individuals, i.e., U.S....

As of January 22, 2022, all non-U.S. individuals seeking entrance to the United States at land or sea ports of entry on the Mexican or Canadian borders must be “fully vaccinated” and provide proof of such. There is no longer an exception for “essential” travel. The requirement does not apply to U.S. individuals, i.e., U.S....

Title VII prohibits discrimination at the workplace based on race, color, sex, and national origin. But, only “employees” can bring claims under Title VII as the law does not protect independent contractors. The Tenth Circuit (covering Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah) was asked to determine whether a locum tenens physician was an...

2021 has brought a flurry of activity surrounding marijuana laws, particularly recreational marijuana use. The number of states approving recreational marijuana continues to grow. New Mexico On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed the state’s recreational marijuana bill. The New Mexico recreational marijuana law will take effect in late June 2021....

Long lines could be seen outside and around New York Department of Motor Vehicles offices as undocumented immigrants waited anxiously for hours in long queues to obtain driver’s licenses. Since 2013, a growing number of states have been issuing driver’s licenses in one form or another to undocumented workers. New York and New Jersey are...

Since 2013, a growing number of states have been issuing driver’s licenses in one form or another to undocumented workers. New York and New Jersey are just joining the list that includes California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, Oregon, Nevada, Utah, Vermont, Washington, and the District of Columbia. The trend is continuing...

The U.S. House of Representatives has passed legislation to ratify the United States-Mexico-Canada Trade Agreement (USMCA) and create an unprecedented level of oversight over another country’s labor relations. If the bill becomes law, it could prompt even greater reforms to Mexico’s labor laws. For at least 50 years, a company in Mexico could recognize a...

The New Mexico medical marijuana law has been amended to provide employment protections to employees and applicants. The amendments were signed into law by the governor on April 4, 2019. The law now provides that “unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law...

Starting in August, the U.S. Customs and Border Protection (CBP) reportedly will begin a pilot program at the Anzalduas port of entry in Texas using face recognition technology to capture facial images of occupants in moving vehicles as they travel to and from Mexico. Facial recognition technology is already being tested at a number of...

On September 6, 2017, the day after Attorney General Jeff Sessions announced the rescission of DACA, 15 states and the District of Columbia filed a lawsuit challenging President Donald Trump’s DACA rescission. The states included in the lawsuit are Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Massachusetts, New Mexico, New York, North Carolina, Oregon,...

Posted at 10:34 am Border security and immigration law enforcement are the subject of two new Executive Orders from President Donald Trump released on January 25, 2017. “Border Security and Immigration Enforcement Improvements” directs the Department of Homeland Security to start the process of constructing the border wall between the U.S. and Mexico immediately. The...

The NLRB properly found a non-union employer unlawfully retaliated against striking employees and violated the National Labor Relations Act by transferring work from Illinois to Mexico, the federal appeals court in Chicago has ruled. Amglo Kemlite Labs., Inc. v. NLRB, 2016 U.S. App. LEXIS 15100 (7th Cir. Aug. 17, 2016). The Court enforced the Board’s...

A New Mexico intermediate appellate court has affirmed a workers’ compensation judge’s determination that an employer and its workers’ compensation carrier are required to reimburse an employee for costs associated with the purchase of medical marijuana.  Vialpando v. Ben’s Auto. Servs. and Redwood Fire & Casualty, 2014-NMCA-32,920 (N.M. Court of Appeals, May 19, 2014). Gregory...

Courts continue to wrestle with claims brought by individuals treated by businesses as  outside the scope of the FLSA’s minimum wage and overtime requirements.  Many of these claims are asserted by individuals classified as volunteers and of course interns, all claiming to be employees entitled to the protections of the FLSA.  In one such case,...

A recent ruling coming from the Eastern District of Louisiana underscores the importance of document retention and the potential consequences of destroying evidence during a government investigation. Recently, US District Judge Stanwod R. Duval of the Eastern District of Louisiana issued a ruling allowing to stand a criminal indictment against a BP employee stemming from...

In an effort to expedite visa processing for business travelers from Mexico, the U.S. State Department announced this month the expansion of its Business Facilitation Program (“BFP”) to all U.S. Consulates and Embassies in Mexico. To qualify for the program, participating employers in Mexico must meet one of the following requirements: 1) Be a branch, affiliate,...

In President Obama’s May 10th speech at Chamizal National Memorial, at the U.S.-Mexico border in El Paso, on the need for immigration reform in the United States, he included an outline of his proposal for comprehensive immigration reform and a plea for people to voice their support. His proposal addressed three key employment-related areas. First,...