Tag: PERM Labor Certification Process

Salary Disclosure Laws May Affect PERM Labor Certification Process Permanent labor certification (PERM) is the process allowing employers to hire foreign national workers to work permanently within the United States (US). Employers familiar with the process are likely aware of the Department of Labor's (DOL) requirements regarding the information required in recruitment advertisements. This information includes the employer's name, the position's location, a suitable job description, and information on how to apply. In recent years, many localities have introduced new laws expanding what information must be included in job postings, which has also affected PERM cases. Perhaps, most notably among these laws, are requirements for having salary information in these job postings. New York City's Salary Transparency in Job Advertisements law is an excellent example of these laws. This law, which will go into effect on November 1st, 2022, will apply to most jobs that can or will be carried out (at least in part) in New Your City. It requires employers to include a good faith estimate of the expected salary range for a position. With a few additional details that employers should be aware of when advertising for PERM positions: If the position can or will be performed entirely in New York City regardless of whether this is the employer's facility or the employee's home. If the position is remote, it may take place in New York City therefore, it would need to be covered. The law applies to all employers of at least four employees, either full or part-time, as long as one employee works within New York City. The law covers all types of job advertisements, including all varieties of PERM ads. This includes internal bulletin boards, online job boards, flyers distributed at job fairs, and printed advertisements. By the law, salary does not include alternative compensation or benefits, such as employer insurance plans, stock offerings, bonuses, or commissions. The New York City Commission on Human Rights will enforce the law primarily through tips it may receive or in some cases, it may start investigations on its own. This bill resembles others requiring salary disclosure passed by localities across the country. Employers intending to advertise for PERM hiring should pay attention to these local laws before advertising for PERM positions. Stay updated on all the new rules of compliance with Pre-employ’s free news resources on FCRA, EEOC, and more. Contact a Sales Rep today for more information. Source

Tag: PERM Labor Certification Process

Salary Disclosure Laws May Affect PERM Labor Certification Process

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