Keith Covington

Keith Covington

Bradley Arant Boult Cummings LLP

Contact  |  View Bio  |  RSS

Latest Publications


You Mean It’s Un-American to Hire Only Americans? DOJ Issues Final Rule on Unfair Immigration-Related Employment Practices

If you thought it would be safer to require every new hire to be an American citizen—think again. The U.S. Department of Justice (DOJ) has a new rule revising its prior regulations on Section 274B of the Immigration and...more

1/10/2017 - Administrative Proceedings ALJ Citizenship Claim Procedures DOJ Employer Liability Issues Employment Discrimination Filing Requirements I-9 Immigration and Nationality Act New Rules OCAHO Protected Class Title VII Unfair Immigration-Related Practices

What Employers Can Expect from the New Administration – Part 2: Immigration, the Affordable Care Act & Social Issues

In our second in a three-part series on what to expect from the Trump administration, we discuss immigration policy and the Affordable Care Act (ACA), as well as what may be in store for parental leave, marriage equality and...more

12/15/2016 - Affordable Care Act Barack Obama Customs and Border Protection DACA DAPA E-Verify Employee Restrooms Executive Orders I-9 ICE Immigration Reform LGBT Obergefell v. Hodges Parental Leave Popular Same-Sex Marriage School Restrooms Transgender Trump Administration Updated Forms

January 22, 2017: Out with the Old and In with the New Form I-9

The long awaited new Form I-9 is here — recently published by the U.S. Citizenship and Immigration Services (USCIS). Employers must begin using the new form (edition date 11/14/2016), no later than January 22, 2017. Until...more

12/13/2016 - Hiring & Firing I-9 Required Forms Trump Administration Updated Forms USCIS Verification Requirements

Fines Increasing: Fresh Incentive for Employer Immigration Law Compliance

The U.S. Department of Justice (DOJ) has issued an interim final rule that increases significantly the monetary fines assessed against employers for violations of federal immigration law. Under the Immigration Reform and...more

10/18/2016 - DOJ Employer Liability Issues Fines I-9 ICE Interim Rule IRCA Unfair Immigration-Related Practices

Employer Strategies for the DOL’s New Overtime Rule

In a recent post, my partner, Anne Yuengert, wrote about the DOL’s new overtime rule and the changes that go into effect December 1, 2016. Most significantly, the rule increases the minimum salary requirement for the...more

7/19/2016 - Best Management Practices DOL FLSA Minimum Salary Wage and Hour White-Collar Exemptions

Form I-9 Compliance: Tips for Employers to Avoid Liability

Employers are required under federal immigration law to verify the employment eligibility of new employees by reviewing acceptable documents provided by the employee—to establish the employee’s identity and work...more

6/24/2016 - Audits Best Management Practices I-9 ICE Immigration Enforcement

The Form I-9 Has “Expired”: What’s an Employer to Do?

Federal law requires employers to verify the work authorization of new employees by reviewing acceptable documentation provided by the employee and then completing an Employment Eligibility Verification (commonly known as...more

4/22/2016 - Hiring & Firing I-9 USCIS

So Nice, You’re Considered Employed Twice: DOL on Joint Employment

On January 20, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued an Administrator’s Interpretation that provides fresh guidance for determining when two or more entities will be considered joint...more

2/3/2016 - DOL FLSA Joint Employers Staffing Agencies Wage and Hour

Geotechnical Report in Solicitation Bars Federal Contractor’s Recovery for Unfavorable Soil Conditions

In Old Veteran Construction, Inc. v. United States, the U.S. Court of Federal Claims dismissed a federal contractor’s claim for damages, which the contractor contended were due because of unexpected soil conditions...more

1/29/2016 - Construction Industry Damages Federal Contractors US Army Corps of Engineers

Obama’s Executive Actions on Immigration: An Update to Two Key Initiatives Designed to Enhance the Employment of Highly Skilled...

In November 2014, President Obama issued a number of executive actions designed to make significant changes to the U.S. immigration system. The most controversial initiatives were the deferred action policies aimed at...more

1/28/2016 - Deferred Action Deportation DHS Executive Orders Foreign Students H-1B H-4 Spouses Highly-Skilled Workers Visa Immigration Reform OPT Popular STEM

Department of Homeland Security Regulation Benefitting STEM Employers Thrown into Question

A federal district judge recently issued a 37-page decision vacating a 2008 Department of Homeland Security (DHS) regulation that has helped thousands of U.S. companies hire and retain foreign students holding U.S. degrees in...more

10/14/2015 - Administrative Procedure Act Appeals DHS Foreign Students H-1B Notice and Comment OPT Popular STEM Students Vacated Visas

Employee or Independent Contractor: The DOL Weighs in on Worker

With the prevalence of companies providing ‘‘on demand’’ services today, the temptation to classify workers as independent contractors rather than employees has perhaps never been greater, attorneys Keith Covington and John...more

9/4/2015 - Administrative Interpretation DOL Economic Realities Test Independent Contractors Misclassification

Contractor Barred from Using the “Total Cost” or “Modified Total Cost” Approach to Establish Delay Claim

In a recent ruling, Hill York Service Corporation v. Critchfield Mechanical, Inc., the U.S. District Court for the Southern District of Florida held that a contractor may not establish damages for delay under either the...more

7/22/2015 - Breach of Contract Calculation of Damages Construction Contracts Construction Project Federal Contractors No Damage For Delay Summary Judgment

Employees vs. Independent Contractors: The DOL Weighs in on Worker Misclassification

Yesterday, the U.S. Department of Labor (DOL) issued an Administrator’s Interpretation that provides some important new guidance on the standard for classifying workers—as employees or independent contractors—under the Fair...more

7/16/2015 - Control Test DOL Economic Realities Test FLSA Independent Contractors Misclassification New Guidance

The NLRB Expands Employee Protections Yet Again: Will There Be Anything Left Not Considered Protected Concerted Activity?

Continuing a trend we’ve reported on in previous blog posts, the National Labor Relations Board (NLRB) recently handed down yet another decision expanding the protections afforded to employees under the National Labor...more

6/4/2015 - Hiring & Firing NLRA NLRB Protected Concerted Activity Unfair Dismissal

Religious Discrimination Suit Over Muslim Job Applicant’s Hijab; U.S. Supreme Court Rules Against Abercrombie & Fitch

In a ruling handed down yesterday, the U.S. Supreme Court sided with the Equal Employment Opportunity Commission (EEOC) in a religious discrimination case against the popular clothing retailer, Abercrombie & Fitch Stores,...more

6/3/2015 - Abercrombie & Fitch Appearance Policy Disparate Impact Disparate Treatment EEOC EEOC v Abercrombie Hiring & Firing Reasonable Accommodation Religious Discrimination SCOTUS Title VII

President Obama Vetoes Congressional Resolution Aimed at Blocking the NLRB’s “Quickie Election” Rule

On March 31, 2015, President Obama used the fourth veto of his presidency to prevent passage of S.J. Res. 8, a congressional resolution aimed at blocking implementation of the NLRB’s “Quickie Election” Rule. The NLRB Rule,...more

4/3/2015 - Ambush Election Rules Barack Obama NLRB Presidential Veto Union Elections Unions

Work Authorization Extended to Certain H-4 Visa Holders

Late last year, I wrote on the controversial executive actions on immigration that President Obama announced in November. As I noted then, those executive actions include several initiatives that will make it easier for...more

3/25/2015 - DHS Employment Authorization Documents (EAD) Executive Orders H-1B H-4 Spouses Hiring & Firing Immigration Procedures USCIS

Union Avoidance in The Face of the NLRB’s New “Quickie Election” Rule

This past December, the National Labor Relations Board (NLRB) issued its Final Rule implementing an accelerated process for conducting union representation elections—the “Quickie Election” Rule. The new regulations are to go...more

1/28/2015 - Ambush Election Rules Best Practices Chamber of Commerce Corporate Counsel Employer Liability Issues Final Rules NLRB Union Elections Unions

Obama’s Executive Actions on Immigration to Affect the Hiring and Retention of Highly Skilled Foreign Employees

The executive actions on immigration that President Obama announced in late November include a hodgepodge of new policies and directives that will impact millions of foreign nationals—both documented and undocumented—now...more

12/9/2014 - Barack Obama DACA Deferred Action Deportation DHS DOL Executive Orders Highly-Skilled Workers Visa Hiring & Firing Immigration Reform PERM USCIS

NLRB Upholds Employee Terminations for Facebook Rant

A few weeks ago, I wrote a blog post about the recent line of NLRB cases examining what constitutes “protected, concerted” activity in the context of employees engaging in profane, insulting, or disrespectful conduct or talk...more

11/4/2014 - Employee Rights Hiring & Firing NLRA NLRB Social Media Termination

Triple Play Sports Bar Appeals NLRB’s Recent Facebook “Like” Decision

In an earlier post, I wrote about the NLRB’s most recent social media decision. In that case, the NLRB held that Triple Play Sports Bar and Grille’s termination of two employees for their participation in a profanity-laced...more


NLRB: Facebook “Like” is Protected, Concerted Activity Under the Labor Act

The NLRB recently issued another case on employer social media policies, ruling that clicking Facebook’s “Like” button can constitute “protected, concerted” employee activity under the National Labor Relations Act (NLRA)....more

9/15/2014 - Adverse Employment Action Employer Liability Issues Employment Policies Facebook NLRA NLRB Protected Concerted Activity Social Media Policy

Construction and Procurement Law News - First Quarter 2014

In this Issue: - Federal Circuit’s Metcalf Decision a Big Win for Contractors - Government Defenses of Defective Certification and the Severin Doctrine not a Silver Bullet - Are No-Damage-for-Delay...more

5/6/2014 - CBCA Federal Contractors Federal Procurement Systems HHS Licenses Subcontractors

27 Results
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.