Page 142 - An Indispensible Resource for Being a Credible Activist

a union) provide group health benefits and the laws that govern them, especially when
they experience changes in their life and work situations such as marriage, childbirth,
job loss, or retirement. It also assists employers in understanding their responsibilities
under the applicable laws. The “elaws Small Business Retirement Savings Advisor”
provides information to help small business owners understand their retirement savings
options and determine which program is most appropriate for their needs. Compliance
assistance for employers regarding reporting and filing information can be obtained
from EBSA.
ERISA sets uniform minimum standards to ensure that employee benefit plans are
established and maintained in a fair and financially sound manner. In addition,
employers have an obligation to provide promised benefits and satisfy ERISA’s
requirements for managing and administering private pension and welfare plans. The
EBSA can be reached at 1-866-444-EBSA (3272) or TTY: 1-877-889-5627. Pursuant to the
U.S. Department of Labor’s Confidentiality Protocol for Compliance Assistance
Inquiries, information provided by a phone caller will be kept confidential within the
bounds of the law. Compliance assistance inquiries won’t trigger an inspection, audit,
investigation, etc. 8

THE IMMIGRATION AND NATIONALITY ACT

The U.S. Department of Labor explains that

the Immigration and Nationality Act (INA) sets forth the conditions for the temporary
and permanent employment of aliens in the United States and includes provisions that
address employment eligibility and employment verification. These provisions apply to
all employers. The Employment Law Guide: Authorized Workers describes what
employers must do to verify the identity and employment eligibility of anyone to be
hired, and the protections afforded to employees from discrimination in hiring or
discharge on the basis of national origin and citizenship status. The Employment Law
Guide: Crewmembers (D-1 Visas) describes the requirements of vessels/employers
seeking to employ their nonimmigrant aliens as crewmembers to perform longshore
work in U.S. ports under D-1 Visas. The Employment Law Guide: Workers in
Professional and Specialty Occupations (H-1B Visas) describes the requirements on the
part of employers seeking to hire nonimmigrant aliens as workers in specialty
occupations or as fashion models using the H-1B and H-1B1 nonimmigrant visa
classification. The Employment Law Guide: Temporary Agricultural Workers (H-2A
Visas) describes the procedures for obtaining a labor certification and the contractual
obligations of employers seeking to hire temporary agricultural workers under H-2A
Visas. The Employment Law Guide: Temporary Nonagricultural Workers (H-2B Visas)
describes the requirements on the part of employers seeking to obtain temporary

CHAPTER 9 • Roundup of Additional Legal Issues, Procedures, and Obligations 125