On November 18, 2020, Minnesota Governor Tim Walz issued Emergency Executive Order (EO) 20-99, “Implementing a Four Week Dial Back on Certain Activities to Slow the Spread of COVID-19” (the “Order”) to address the recent...more
On August 3, 2020, the Federal District Court for the Southern District of New York issued a decision in State of New York v. United States Department of Labor, et al. In this case, the State of New York claimed that the...more
The Office of Federal Contract Compliance Programs (OFCCP) has issued a new Individuals with Disabilities voluntary self-identification form for use by all federal contractors and subcontractors who are obligated to maintain...more
On July 21, 2020, the National Labor Relations Board (NLRB) (once again) modified its standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements,...more
As many states progress through different phases of reopening, companies are preparing for their employees to return to work. Employers are also noting, however, that some states are seeing COVID-19 cases surge....more
7/22/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
EDD ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
NLRA ,
OSHA ,
Popular ,
Re-Opening Guidelines ,
Risk Management ,
State and Local Government ,
Workplace Safety
On Monday, June 22, 2020, the White House issued a long-expected executive order outlining new U.S. immigration restrictions. The order extends and expands upon the earlier restrictions put in place by President Trump in...more
6/23/2020
/ Executive Orders ,
Foreign Nationals ,
H-1B ,
H-2B ,
H-4 Spouses ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
L-Visas ,
Trump Administration ,
US Department of State ,
Visas
The U.S. Citizenship and Immigration Service (“USCIS”) recently announced it has adopted an administrative law decision that clarifies issues relating to the transfer of multinational executives and managers from foreign...more
The United States Citizenship and Immigration Service (“USCIS”) announced that it has adopted a May 5, 2020 Administrative Appeals Office (“AAO”) decision Matter of F-M- Co., which concerns immigrant petitions in the EB-1...more
As we reported in our March 23, 2020 alert, USCIS deferred the physical inspection requirements for completing forms I-9 until May 19, 2020.
On May 14, the USCIS announced it will extend that deferral for another 30 days....more
In recent weeks, the Trump Administration has announced several restrictions on immigration that garnered significant media attention. However, not all of the administration’s recent policies are aimed at restricting...more
On Wednesday, April 22, 2020, the White House issued its anticipated proclamation regarding the 60-day suspension of immigration processes. Although President Trump’s late Monday Tweet suggested a broad moratorium on all...more
On March 31, the United States Department of Labor (“DOL”) issued its temporary rule implementing the Families First Coronavirus Response Act (“FFCRA”), including the paid-leave benefits provided in the Emergency Paid Sick...more
Since the Families First Coronavirus Response Act (“FFCRA”) was passed into law on March 18, 2020, crucial questions about the Act’s requirements have remained unanswered. Yesterday (on March 26, 2020), the United States...more
More than 750,000 U.S. employers – many of them federal contractors and subcontractors – utilize E-Verify, a program that assesses the work authorization of new hires. The program electronically compares information provided...more
Maintaining a robust I-9 Employment Eligibility Verification process is a critical part of any business’ human resources function. As most HR professionals know, Form I-9 is used to verify the eligibility of workers to accept...more
On Wednesday afternoon (March 18), the Senate passed the revised House bill by an overwhelming 90-8 margin. The bill - including the technical corrections made on Monday by the House of Representatives - was sent to the...more
In a Wednesday, March 11, 2020 evening address from the Oval Office, President Donald Trump announced a new coronavirus-related travel ban barring entry to the United States for most foreign nationals who have visited various...more
Late on Friday, January 31, 2020, President Donald Trump issued a Presidential Proclamation (“the order”) barring entry to the United States for most foreign nationals who have visited the People’s Republic of China (PRC)...more
2/3/2020
/ Centers for Disease Control and Prevention (CDC) ,
China ,
Customs and Border Protection ,
Exemptions ,
F-1 Visa ,
Foreign Nationals ,
Green Cards ,
H-1B ,
Infectious Diseases ,
Presidential Proclamations ,
Travel Ban ,
Travel Restrictions ,
US Department of State ,
Visas ,
World Health Organization
On October 29, 2019, the US Department of Agriculture (the “USDA”) issued interim rules for the domestic production of hemp and requested comments on the rules over the next 60 days. The rules provide minimum requirements for...more
11/7/2019
/ Agricultural Sector ,
Cannabis Products ,
Comment Period ,
Controlled Substances Act ,
DEA ,
Farm Bill ,
Hemp ,
Interim Rule ,
Laboratories ,
Licensing Rules ,
Regulatory Requirements ,
Reporting Requirements ,
Testing Requirements ,
Tribal Governments ,
USDA
Many U.S. employers have recently experienced frustration over legal obstacles to keeping high quality foreign-national employees. These valuable employees have often been with the company since finishing a degree and...more
9/24/2019
/ Abuse of Discretion ,
Corporate Counsel ,
Employment Authorization Documents (EAD) ,
F-1 Visa ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Judicial Review ,
OPT ,
Summary Judgment ,
USCIS ,
Visa Caps ,
Visas
A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees.
As...more
9/13/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Drafting ,
Contract Negotiations ,
Employer Liability Issues ,
Employer Rights ,
Employment Policies ,
NLRA ,
NLRB ,
Terms and Conditions ,
Unilateral Modification ,
Unions
US companies that employ foreign students in F-1 STEM (Science, Technology, Engineering and Math) Optional Practical Training (OPT) status should be aware of a recently announced practice by Immigration and Customs...more
No poaching agreements among employers continue to make antitrust news, and employers and their HR professionals need to take note. Whether or not a particular agreement has a valid purpose (such as protecting an employer’s...more
Under the Immigration Reform and Control Act (IRCA), employers must verify the identity and employment authorization of each person hired after November 6, 1986. This verification process is documented by completing and...more
4/30/2019
/ Audits ,
Buy America ,
Citizenship Status Discrimination ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform and Control Act (IRCA) ,
National Origin Discrimination ,
Social Security Administration (SSA) ,
Social Security Numbers ,
Trump Administration ,
USCIS ,
W-2
The EEOC has long required employers with more than 100 employees or employers that are federal contractors with 50 or more employees to submit an EEO-1 report every year. The EEO-1 is a compliance survey that requires...more
4/29/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Gap ,
Reporting Requirements ,
Stays ,
Vacated ,
Wage and Hour