The U.S. Department of State (“DOS”) will launch a highly anticipated pilot program this month that will allow a limited number of eligible applicants to apply for visa stamp renewal from within the U.S., negating the need to...more
As we discussed in a prior post, pay equity is a rapidly evolving area of significant import to employers. Women, people of color, and individuals with disabilities continue to earn significantly less than non-Hispanic white...more
Each government agency has set its own standard for determining whether a worker is properly classified as an employee or an independent contractor. Employers need to take into account the tests used by different federal...more
As we previously wrote, in May, the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) announced an end to employers’ ability to remotely inspect I-9 documents (an accommodation made during the...more
On July 1, 2023, Florida’s new law regulating immigration within the State of Florida became effective. Known as FL 1718, the law is far-reaching and will significantly affect most employers in the state...more
Around this time last year, Minnesota legalized edible products containing hemp-derived tetrahydrocannabinol (THC). Now, Minnesota has gone “all in”—becoming the 23rd state to legalize the recreational use of marijuana and...more
Yesterday, the U.S. Supreme Court issued an important decision altering the standard for religious accommodations under Title VII of the Civil Rights Act of 1964. In Groff v. DeJoy, the Court held employers must “show that...more
7/5/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to...more
6/5/2023
/ Federal Trade Commission (FTC) ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Policy Memorandums ,
Proposed Rules ,
Proprietary Information ,
Public Comment ,
Restrictive Covenants ,
Section 7 ,
Severance Agreements
The Minnesota Legislature recently concluded its 2023 session with the passage of a comprehensive paid family medical leave bill Mn Chapter 59 and an omnibus labor bill Mn Chapter 53 that will impose significant new...more
What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and impose discipline if...more
On May 16 the Minnesota Legislature passed a bill (go to Article 6, page 66) that will ban new non-competition agreements between employers and employees, as well as independent contractors. Governor Walz is expected to sign...more
The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) is ending employers’ ability to remotely inspect I-9 documents on July 31, 2023. Employers will have an additional 30 days, until August...more
Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more
3/3/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Release Agreements ,
Section 7 ,
Separation Agreement ,
Severance Agreements ,
Termination
Pay transparency laws—which require employers to disclose compensation in an effort to improve pay equity—are on the rise across the U.S. Today, pay transparency laws are in effect in at least seven states (California,...more
The United States Citizenship and Immigration Services (USCIS) will soon announce the fiscal year 2024 H-1B registration period. This is an important time of the year for employers wishing to sponsor a candidate for a cap...more
1/18/2023
/ E-1 ,
E-2 ,
E-3 ,
F-1 Visa ,
Filing Deadlines ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Lottery ,
Registration Requirement ,
TN-Visas ,
USCIS ,
Visa Caps ,
Visas
As most human resources professionals know, the Immigration Reform and Control Act requires all employers to verify the identity and employment authorization of each person working in the United States who was hired after...more
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) released the first nationwide workplace safety rule in response to the COVID-19 pandemic. OSHA’s guidance is only binding on healthcare employers....more
The COVID-19 global pandemic has been an unprecedented challenge for U.S. employers over the past 12+ months. Among other things, pandemic-containment policies and best practices limited business and personal travel. ...more
5/25/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Data Privacy ,
Data Security ,
Electronically Stored Information ,
Employer Responsibilities ,
Executive Orders ,
Health and Safety ,
International Travel ,
Masks ,
OSHA ,
Port of Entry ,
Quarantine ,
Re-Opening Guidelines ,
Remote Working ,
Rescission ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee ,
Vaccinations ,
Visas ,
Workplace Safety
On May 13, 2021, the U.S. Centers for Disease Control and Prevention (“CDC”) revised its COVID-19 guidance to reflect that “fully vaccinated” individuals no longer need to wear masks, whether indoors or outdoors, except in...more
5/18/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Governor Walz ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
State and Local Government ,
Vaccinations ,
Workplace Safety
On May 7, 2021, Governor Greg Gianforte signed House Bill 702, which prohibits discrimination based on vaccination status or possession of an immunity passport. Specifically, the Act makes it unlawful for employers to refuse...more
5/17/2021
/ Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
New Guidance ,
New Legislation ,
State Labor Laws ,
Vaccinations ,
Vaccine Passports
This morning (on May 6, 2021), Minnesota Governor Tim Walz issued Emergency Executive Order 21-21, which adopts a three-phase plan to relax or eliminate nearly all COVID-19 restrictions on businesses and social gatherings by...more
This week, the U.S. Equal Employment Opportunity Commission (“EEOC”) launched its online filing system for EEO-1 Component 1 Reports. The filing deadline is July 19, 2021....more
On March 12, 2021, Minnesota Gov. Tim Walz issued the executive order available at this link revising the state’s work-from-home requirement. There are two key provisions for employers to be aware of...more
On Monday, January 25, 2021, President Joseph Biden issued a Presidential Proclamation that imposes a new coronavirus-related travel ban barring entry to the United States for most foreign nationals who have visited various...more
With the December 31, 2020 expiration of the Families First Coronavirus Response Act (“FFCRA”) fast approaching, on December 28 President Trump signed into law the Consolidated Appropriations Act of 2021 (the “CAA”). Although...more