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Fowler White Boggs P.A.

Federal Rule 68 and FLSA Collective Actions

In Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the Supreme Court of the United States last month ruled that an offer of judgment, which the parties agreed was sufficiently generous to satisfy the sole individual…more

| Civil Procedure, Constitutional Law, Labor & Employment Law

More Controversy With the National Labor Relations Board

On January 25, 2013, the United States Court of Appeals for the District of Columbia in Noel Canning v. NLRB held that National Labor Relations Board (“NLRB”) orders issued since January 2, 2012 are unenforceable…more

| Civil Procedure, Constitutional Law, Elections & Politics, Labor &...

Miss the H-1B Cut? Here are Some Alternatives

As was expected, the H-1B cap of 65,000 was reached within the first week of the filing period. For the many employers that didn’t make the cut, this means waiting until next year to try again. However, because applications…more

| Immigration Law, Labor & Employment Law

Use of Additional Insured Status to Reduce Attorneys' Fees

Although insurance requirements are typically addressed in most construction contracts, they are often given minimum attention. On the other hand, attorneys’ fees are always a major concern. Notwithstanding, requiring…more

| Civil Remedies, Commercial Law & Contracts, Construction Law, Insurance

Revised Instructions for Rescheduling ASC Appointments

Application Support Centers, often called an ASC, offer fingerprinting services, usually after filing of an application for an immigration benefit. Applicants are usually notified about an ASC appointment by mail and should…more

| Immigration Law

Introduction of A New Agricultural Guestworker Bill

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) introduced on April 26, 2013 the Agricultural Guestworker “AG” Act (H.R. 1773) a bill to provide American farmers with a workable temporary agricultural guestworker…more

| Agriculture, Labor & Employment Law, Immigration Law

Supreme Court Denies Certiorari in MAO’s Double Damages Case

On April 15, 2013, the United States Supreme Court denied a petition for certiorari brought by GlaxoSmithKline (“Glaxo”) seeking review of a Third Circuit decision in favor of Humana Medical Plan (“Humana”), as a Medicare…more

| Civil Remedies, Health, Insurance, Products Liability, Science,...

Electronic I-94 Arrival/Departure Record Takes Effect

As we reported last month, U.S. Customs and Border Protection began efforts to automate Form I-94 Arrival/Departure Records. The interim final rule published in March has now taken effect. The new electronic system roll-out…more

| Immigration Law

Unlawful Limited Access Policies

The National Labor Relations Board enforces the National Labor Relations Act which provides non-supervisory employees with the right to engage in “concerted activities for the purpose of collective bargaining or other mutual aid…more

| Labor & Employment Law

Incorrectly Filed I-601As Are Being Rejected

Since March 4, 2013, USCIS has been accepting applications for Provisional Unlawful Presence Waivers (“Form I-601A”). Many of these applications have been rejected, however, because customers did not provide proof that the…more

| Immigration Law

Construction Contracts – No Longer Take It or Leave It

Construction has returned to Florida! In the first four months of 2013, I have reviewed and drafted more construction and design contracts than I have in total during the last four years combined…more

| Civil Remedies, Commercial Law & Contracts, Construction Law

H-2B Adjudication Resumed

As previously reported, on March 22, 2013, USCIS temporarily suspended adjudication of most H-2B petitions while the government considered appropriate action in response to the Court Order in Comite de Apoyo a los Trabajadores…more

| Agriculture, Labor & Employment Law, Immigration Law

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