Disney Outsourcing Cases Can Guide Trump Administration

Law360

Matthew S. Groban, an Associate in the Employment, Labor & Workforce Management practice, in the firm’s New York office, authored an article in Law360, titled “Disney Outsourcing Cases Can Guide Trump Administration.” (Read the full version – subscription required.)

Following is an excerpt:

The Disney cases and OSC guidance offer lessons to the new administration as it seeks to develop its strategy for job creation and retention. As Disney I reflects, cracking down on outsourcing under the current H-1B program will be difficult because it does not prohibit that activity. Enforcement might be easier if the employer is H-1B-dependent due to the expanded LCA representations they must make, but not if the sponsored employees are exempt under current law. While there may be a strong desire to amend the H-1B program requirements, most of these are statutory and require congressional approval.