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July 2016: Appellate Update

The Effects of an Eight-Justice Supreme Court. Since Justice Scalia’s passing in February, the Supreme Court has operated with only eight justices, and it will continue to do so for as long as the Senate declines to consider...more

Immigration Showdown: Defeat for the Obama Administration’s Deferred Action Policies

On Thursday, June 23, 2016, the Supreme Court of the United States reached a 4 – 4 tie on issues related to the validity of the Obama administration’s contested immigration programs, Deferred Action for Parents of Americans...more

Supreme Court Update: Green V. Brennan (14-613), Wittman V. Personhuballah (14-1504) And Foster V. Chapman (14-8349)

Three more decisions this morning—Green v. Brennan (14-613), holding that the 45-day limitations period for a constructive-discharge action under Title VII begins to run after the employee gives notice of his resignation;...more

The Supreme Court - May 2016 #3

The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

Does Scalia's Death Change How the Supreme Court Will Decide Obama's Immigration Agenda?

The recent death of Justice Antonin Scalia adds to the drama and speculation surrounding US v Texas, and may help to tip its ultimate resolution in the Obama administration’s favor. ...more

A Preview of Business Immigration in 2016: Visa Bulletin Controversy Continues (Part 5/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

Supreme Court Agrees to Review Major Immigration Case Just as the Presidential Election Heats Up

Immigration is already a major issue in this year’s presidential race, as candidates from both parties try to score political points out of the presence of roughly eleven million undocumented immigrants in the country and the...more

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

Implementation Of DACA Expansion And New DAPA Program Delayed

Even before the President’s executive actions on immigration have been implemented, there is a new development. On Monday, a federal district court in Texas issued a preliminary injunction blocking implementation of the new...more

Federal Judge Grants Preliminary Injunction to Block Executive Action on Immigration While Related Regulations Proceed

Executive Action on Immigration Halted - On February 16, 2015, Judge Andrew S. Hanen of the U.S. District Court for the Southern District of Texas ordered a temporary injunction to halt key portions of President...more

January 2015 Immigration Alert

Happy New Year!!! All of us in the Immigration Law Group at Epstein Becker Green wish you the very best for a healthy and prosperous 2015. We hope that all your petitions and applications are approved and that...more

Texas and 17 States Sue Over the President’s Executive Action on Immigration

On Wednesday, December 3, 2014, the attorneys general and governors of 17 states filed a complaint for declaratory and injunctive relief with the United States District Court for the Southern District of Texas challenging...more

Fourteen States and Four Governors Sue the President on His Immigration Executive Orders – The Battle Begins

It didn’t take long. Fourteen states and four governors, led by Texas, filed a complaint in the Federal Court in Brownsville, Texas seeking to nullify the President’s Executive Order relating to immigration. Texas has sued...more

Does the President Have the Power to Defer Deportation of Undocumented Immigrants?

President Obama has announced that before the end of the year he intends to issue executive orders to address the dysfunctional immigration system if Congress does not act on immigration reform legislation. There is...more

Labor & Employment E - Note - September 2014

In This Issue: - More Workers Are Claiming 'Wage Theft' - Big Companies, States Urge High Court to Rule on Gay Marriage - Firms Continue to Increase Background Checks on Job Candidates - Obama...more

Move Over EEOC: Time for an NLRB Benchslap

Over the last few weeks we have blogged on a number of judicial decisions chastising the EEOC (Another Approaching Benchslap for EEOC?, EEOC Benchslaps Just Keep Coming and The EEOC Hits Just Keep Coming!). Today we shift our...more

California Supreme Court: Undocumented Worker May Recover Lost Wages for Period Up to Employer’s Discovery of Immigration Status

Salas v. Sierra Chemical Co., S196568 (June 26, 2014): On June 26, the California Supreme Court issued a decision holding that federal immigration law does not preempt a California law that extends state law protections to...more

Utah Employment Law Letter - February 2014: WORKPLACE ISSUES: Legalization of same-sex marriage in Utah will affect employers

Traditionally, marriage has been defined in the United States and in the state of Utah as a legal relationship between a man and a woman. In 1996, Congress passed the Defense of Marriage Act (DOMA), which allowed states to...more

Labor & Employment E-Note - August 15, 2013

In This Issue: - NLRB Rulings in Limbo as High Court Reviews Recess Appointments - New Labor Board Members Likely to Help Employers with Disputes - NLRB Says Social Media Restrictions Could Violate Labor Law -...more

Labor & Employment E-Note - July 11, 2013

In This Issue: - High Court Makes it Harder for Workers to Sue in Bias Cases - High Court to Decide on Obama's NLRB Recess Appointments - Criminal Background Checks May Violate Civil Rights Act, EEOC Says -...more

U.S. Immigration Benefits Available to Same-Sex Spouses

USCIS issues expanded and revised FAQ in the wake of the Supreme Court's decision overturning DOMA. ...more

Immigration Alert: July 2013

I. SCOTUS Holds DOMA Unconstitutional - On June 26, 2013, the Supreme Court of the United States ("SCOTUS") held that Section 3 of the Defense of Marriage Act ("DOMA") was unconstitutional. United States v. Windsor,...more

DOMA Overruled: Milestone for Applicants of Immigration Benefits

On June 26, 2013, the U.S. Supreme Court in United States v. Windsor struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional, allowing for the recognition of same-sex marriages and making way for...more

The Supreme Court's Decision Declaring Section 3 Of The Defense Of Marriage Act Unconstitutional Has Far-Reaching Implications For...

On June 26, 2013, in United States v. Windsor, the United States Supreme Court struck down Section 3 of DOMA, holding that it was unconstitutional to discriminate between same-sex and opposite-sex marriages for purposes of...more

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