Question: Facebook was recently in the news for failing to engage in good-faith recruitment in the PERM labor certification process. What happened, and what can other employers do to.
Tuesday, March 16, 2021
In a precedential decision published March 3, 2021, Administrative Law Judge (ALJ) Andrea R. Carroll-Tipton denied Respondent’s Motion to Stay Discovery, finding that such a stay is not automatic pending a motion to dismiss.
United States v. Facebook
In
United States v. Facebook, Inc., 14 OCAHO no. 1386a (2021), Complainant alleged that Respondent had violated the immigration-related unfair employment practices provisions of 8 U.S.C. § 1324b by discriminating against U.S. workers for permanent labor certification (PERM) positions between January 1, 2018, and September 18, 2019. Respondent has yet to file an answer.
On February 18, 2021, Respondent filed a Motion to Dismiss the Complaint and contemporaneously filed a Motion to Stay Discovery Pending a Decision on Its Motion. On March 1, 2021, Complainant filed an Opposition to the Motion to Stay Discovery.