After COVID-19 abates, employers may determine that they cannot return all employees to the workforce. Some employers may need to recall employees on a slower timeline depending on demand, social distancing imperatives, and...more
5/4/2020
/ Background Checks ,
Coronavirus/COVID-19 ,
Drug Testing ,
Employer Responsibilities ,
Form I-9 ,
Furloughs ,
Layoffs ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
WARN Act ,
Workplace Safety
In late 2019, the U.S. Citizenship and Immigration Services (USCIS) announced that it would implement the registration process for the fiscal year 2021 H-1B cap. The H-1B visa is used by businesses that want to employ foreign...more
2/24/2020
/ Conditional Job Offers ,
Deadlines ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Job Applicants ,
OPT ,
Registration Requirement ,
Regulatory Requirements ,
USCIS ,
Visa Caps ,
Visas
As it signaled in late 2017, the Homeland Security Investigations (HSI, the U.S. Immigration and Customs Enforcement’s investigative arm) began 2018 with an increased emphasis on targeting employers and unauthorized employees...more
1/11/2018
/ Deportation ,
Employment Eligibility Verification ,
Enforcement Actions ,
Foreign Workers ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Trump Administration ,
Undocumented Immigrants
On December 4, 2017 the U.S. Supreme Court stayed the restraining orders against President Trump’s travel ban. The stay means that the September 24, 2017 presidential proclamation restricting travel into the U.S. from eight...more
12/11/2017
/ Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Refugees ,
Restraining Orders ,
Stays ,
Terrorist Threats ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration ,
Visas
On September 18, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it would resume the premium processing service for fiscal year 2018 H-1B cap cases....more
9/25/2017
/ Conrad 30 Waiver ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
OPT ,
USCIS ,
Visa Caps ,
Visas
Recent actions by the U.S. Department of State (DOS) and Citizenship and Immigration Service (USCIS) indicate that employers seeking to hire foreign workers will likely face a more stringent visa approval process....more
8/18/2017
/ Buy America ,
Foreign Affairs Manual (FAM) ,
Foreign Workers ,
H-1B ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
L-1B ,
Trump Administration ,
USCIS ,
Visas
Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...more
6/21/2017
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Foreign Nationals ,
Fraud and Abuse ,
Green Cards ,
H-1B ,
H-2A ,
H-2B ,
Immigration Reform ,
Non-Immigrant Visas ,
OIG ,
PERM ,
Visas ,
Wage and Hour
The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more
11/10/2016
/ Administrative Appointments ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Browning-Ferris Industries of California Inc. ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Bargaining Agreements (CBA) ,
D.R. Horton v NLRB ,
DACA ,
DAPA ,
Disability Discrimination ,
Dodd-Frank ,
EEO-1 ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Fiduciary Rule ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Healthcare ,
Immigrants ,
Immigration Procedures ,
Joint Employers ,
Judicial Appointments ,
LGBTQ ,
Mandatory Arbitration Clauses ,
MAP-21 ,
Minimum Salary ,
Minimum Wage ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Over-Time ,
Paid Leave ,
Persuader Rules ,
Political Appointments ,
Popular ,
Project Labor Agreements ,
Recess Appointments ,
Retirement Plan ,
Right to Work ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Standard of Review ,
Title VII ,
Transgender ,
Unions ,
Wage and Hour ,
Wages ,
White-Collar Exemptions ,
Workplace Injury
The Department of Homeland Security (DHS) recently issued a proposed rule to amend employment-based immigrant and nonimmigrant visa programs. The new rule is intended to benefit both U.S. employers and foreign national...more
On July 6, 2015, the Department of Labor (“DOL”) proposed a revision to the “white collar” overtime exemption rule. As explained by Littler when it testified before the House Subcommittee, “the proposed white collar...more
10/12/2015
/ Compliance ,
Corporate Executives ,
Department of Labor (DOL) ,
E-1 ,
E-2 ,
Employee Transfers ,
Fair Labor Standards Act (FLSA) ,
Foreign Entities ,
Foreign Workers ,
H-1B ,
L-1 ,
L-1A ,
Managers ,
Minimum Salary ,
Non-Immigrant Visas ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On May 19, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced it will temporarily halt acceptance of premium processing requests for all H-1B Extension of Stay petitions from May 26, 2015 through July 27,...more