In an effort to reduce fraud in the H-1B Visa Lottery program, the U.S. Department of Homeland Security (DHS) is implementing a new process targeted at selecting unique beneficiaries rather than registrations. This will give...more
Commencing January 29, 2024, and expected to run through April 1, 2024, DOS will launch a pilot program for certain eligible foreign nationals from Canada and India to renew their H-1B Visas stateside without having to travel...more
The U.S. Department of Labor recently changed how it assesses civil money penalties against employers for violating federal child labor laws, which could significantly increase fines for hiring underage children to perform...more
The Form I-9 flexibilities implemented during the COVID-19 Pandemic that permitted employers to virtually review Section 1 and inspect documents establishing identity and authorization to work are ending on July 31, 2023....more
The Department of Homeland Security announced that, effective May 4, 2022, the government was temporarily extending the automatic extension period for certain I-765 Employment Authorization Documents (EADs).
Currently,...more
U.S. Citizenship and Immigration Services (“CIS”) is once again requiring employers that want to sponsor a worker for an H-1B visa - which is awarded to employees who possess highly specialized knowledge and a bachelor’s or...more
In previous guidance, the EEOC made clear that employers could administer a test to detect the presence of COVID-19 in their workforce prior to permitting entry into the workplace. The testing must be “job related and...more
In previous guidance, the EEOC permitted employers to administer a test to detect the presence of COVID-19 in their workforce prior to permitting entry into the workplace - with the caveat that any employee testing had to be...more
In preparation for welcoming employees back, the EEOC is encouraging employers to provide workers with instructions on applying for reasonable accommodations in advance of workplace doors re-opening so that the interactive...more
After reversing course on prior guidance, the EEOC has issued new guidance stating that excluding workers who have underlying medical conditions recognized by the Centers for Disease Control (the “CDC”) as putting them at...more
The EEOC has been providing employers with ongoing guidance on addressing COVID-19 related issues in the workplace, including advice on how employers could legally assess and eliminate direct threats to the health and safety...more
The EEOC has been providing employers with ongoing guidance on addressing COVID-19 related issues in the workplace, including advice on how employers could legally assess and eliminate direct threats to the health and safety...more
Due to the COVID-19 crisis, many states have closed their license bureaus and people are experiencing challenges renewing their state issued driver’s licenses and identity cards - which most job applicants and employees use...more
In response to rising domestic unemployment and reduced demand for labor due to the COVID-19 pandemic, President Trump issued an Executive Order effective at 11:59 pm tonight. The Executive Order seeks to reduce the impact of...more
The Equal Employment Opportunity Commission (EEOC) has provided additional guidance on the intersection of the Americans with Disabilities Act (ADA) and COVID-19 crisis. The EEOC will continue to update its on-line resources...more
The Equal Employment Opportunity Commission (EEOC) has updated its guidance on dealing with pandemics in the workplace and the Americans with Disabilities Act to address the coronavirus disease 2019 (COVID-19). In addition...more
Physical Presence Requirement -
As a result of the COVID-19 pandemic, and effective March 20, 2020, the Department of Homeland Security (“DHS”) is permitting employers to defer the requirement to physically inspect...more
U.S. Citizenship and Immigration Services (“CIS”) is now requiring that employers register on myaccount.uscis.gov and pay a one-time ten (10) dollar registration fee in order to participate in the Fiscal Year 2021 H-1B Visa...more
Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more
8/30/2019
/ Commercial Truck Drivers ,
Controlled Substances Act ,
Department of Transportation (DOT) ,
Drug Testing ,
Employment Policies ,
Federal Aviation Administration (FAA) ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Schedule I Drugs ,
Transportation Industry ,
Trucking Industry ,
Zero Tolerance Policies
Employers around the country have a bumpy road to follow as they navigate the ever-changing marijuana laws and regulations. Pre-employment and post accident drug testing have been challenged in courts in almost every state...more
A March 27, 2019, ruling in a New Jersey case, Wild v. Carriage Funeral Holdings, Inc. et al., provides some interesting insights and continues the recent trend among courts in other states Delaware (2018), Connecticut...more
Employers may recall the “no match” rule most recently from the George W. Bush administration’s efforts to strengthen the enforcement of U.S. immigration laws. The Social Security Administration (SSA) sends “no match”...more