#WorkforceWednesday: NLRB Issues Memo on Severance Agreement Restrictions, Illinois Rolls Out Paid Leave for Any Reason, NJ Prepares for Temporary Workers' Bill of Rights - Employment Law This Week
To Be or Not To Be (an Employer)
Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know
The U.S. Department of Labor just released a final rule that will expand employment protections for farmworkers in the H-2A visa program and enhance the agency’s capabilities to monitor and enforce program compliance. The DOL...more
Each year the Department of Homeland Security (DHS) oversees the administration of the H-2B program that provides up to 66,000 visas for non-citizen workers to enter the United States to fill jobs in non-agricultural seasonal...more
When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more
On October 27, 2023, the National Labor Relations Board (NLRB) published its final rule on the standard for determining joint-employer status under the National Labor Relations Act, effective December 26, 2023. The new rule...more
On Aug. 4, Illinois Governor J.B. Pritzker signed HB 2862, which takes effect immediately. The bill substantially amends the Day and Temporary Labor Services Act, 820 ILCS 175 (the “Act”). The amendments provide expanded...more
Seyfarth Synopsis: The New Jersey Department of Labor and Workforce Development issued its proposed regulations for New Jersey’s Temporary Workers’ Bill of Rights. The proposed regulations provide some clarity on several...more
Employers are facing a glut of open positions and the trend is expected to continue. Foley & Lardner attorneys say the use of non-traditional employment relationships like part-time and temporary options has risen...more
The United States Department of Labor released a long-awaited Emergency Temporary Standard (“ETS”) for private employers with over 100 employees. The 490 page interim final rule answers a number of questions employers have...more
Joint-employer rules appear to be changing again, and this will create challenges for manufacturers. On July 29, 2021, the U.S. Department of Labor (DOL) rescinded an earlier version of the Joint Employer Final Rule...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
President Trump recently signed an Executive Order focused on a government-wide review of federal contractors’ hiring and staffing practices, specifically taking aim at the H-1B visa program. The Executive Order states that...more
The tsunami of new employment laws and regulations in the last two months has challenged employers and human resources professionals, created a host of new employee rights, and caused many bouts of compliance head-scratching....more
With summer rapidly approaching and COVID-19 shelter-in-place orders still in effect, many companies face an important and difficult decision of canceling this year’s summer programs, delaying start dates or conducting...more
Three agencies have provided updated guidance for employers on essential COVID-19 issues: • The Department of Labor (DOL) addressed how new leave laws apply to these situations: -Domestic workers; -Those working through...more
The peak H-2B filing season opened on January 2, 2020, and by the next day the Office of Foreign Labor Certification (OFLC) in the Department of Labor (DOL) had received approximately 5,000 applications for 87,000 seasonal...more
On November 27, 2019, the U.S. Department of Labor (“DOL”) issued a reminder to employers to be mindful of wage and hour requirements this holiday season. As the holiday season ramps up, so does the number of temporary and...more
Hoping to clarify when entities should be treated as “joint employers” under the FLSA, the Department of Labor (“DOL”) recently announced its intent to revise its so-called “joint employer” regulations under the Fair Labor...more
New technologies that enable temporary staffing candidates to find positions via applications that use algorithms to match people to positions, are here. With names like tilr and Shiftgig, these apps use an alternative,...more
Employers who source talent from consulting or staffing companies have become used to growing scrutiny from DHS when that talent is working in the United States on a temporary work visa. ...more
The H-2B visa program is used extensively in tourist locations to hire foreign workers for “the season” to do temporary nonagricultural work. There are 66,000 H-2B visas available annually – half for the summer season and...more
Are you an employer who uses temporary employees, staffing agencies or independent contractors? Use of such contingent or contract workers is not unusual and may be necessary for your operations. If you are in that...more
This week, the EEOC published its Strategic Enforcement Plan for 2017-2021. As in past years, the EEOC details substantive area priorities – those “activities likely to have a strategic impact in advancing equal opportunity...more
Employers must beware as the U.S. Department of Labor (“DOL”) cracks down on what it perceives as rampant misclassifying employees as contractors and shirking other responsibilities, such as safety training, because a worker...more
Many companies are in the process of completing internal audits to prepare for the new salary and overtime rules that go into effect on December 1, 2016. While the changes do not impact the duties-portion of FLSA exemptions,...more
Employers’ perceptions about their legal responsibilities for certain workers is not always reality. Although an employer may classify workers as temporary workers or independent contractors, that does not mean the...more