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Federal Court Decision Protects Independent Contractor Status

On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more

Scared to Check the Mail? Employers Face the Return of No-Match Letters

In the spring of 2019, the Social Security Administration (SSA) renewed its practice of sending employment eligibility correction request notices (known as “no-match letters”) to employers.  The SSA had discontinued the...more

WPI Labor Day Report 2019

Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past...more

WPI Labor Day Report 2018

Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more

Supreme Court Upholds Lawfulness of Class and Collective Action Waivers in Arbitration Agreements

The Supreme Court has weighed in: class and collective action waivers in arbitration agreements are lawful and must be enforced under the Federal Arbitration Act (FAA). ...more

ICE Worksite Enforcement Increases as Promised During Fiscal Year 2018

U.S. Immigration and Customs Enforcement’s former acting Director, Thomas Homan, indicated last fall that he wanted to quadruple worksite enforcement, and ICE is on track to do so. ICE recently announced it performed 3,510...more

Employers Should Prepare Now for Increased ICE Enforcement

Increased immigration enforcement and a reduction in illegal entry into the United States remain among the Trump administration's highest priorities. Notably, Acting ICE Director Thomas Homan has reportedly ordered Homeland...more

Federal Court Invalidates New Overtime Rule

On August 31, 2017, the U.S. District Court for the Eastern District of Texas granted summary judgment for a diverse coalition of 55 business groups, led by the U.S. Chamber of Commerce and joined by numerous state...more

Mandatory Use of New Form I-9 to Begin Soon

As a reminder, on July 17, 2017, the United States Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which employers must begin using no later than...more

Putative Class and Collective Action Under Enjoined U.S. DOL Overtime Rule Appears to Face Strong Argument for Dismissal

On June 7, 2107, a plaintiff brought a putative class and collective action against Chipotle for alleged violations of the Fair Labor Standards Act and New Jersey’s Wage and Hour Law. The plaintiff asserts the company...more

DOJ Appeals Injunction of President's New Executive Order Banning Nationals from Certain Countries

The U.S. Department of Justice (DOJ) has appealed one of the two federal court injunctions issued in response to President Trump's revised travel ban executive order. This executive order, Protecting the Nation from Foreign...more

What Does the President's Executive Order Blocking Foreign Nationals From Seven Countries Mean for Employment-Based Visas?

On January 27, 2017, President Trump signed an executive order (among others) titled: “Protecting the Nation from Foreign Terrorist Entry into the United States” (the “Order”). The Order purports to “suspend entry” of both...more

Employers Must Use the New Form I-9 Starting January 22, 2017

The U.S. Citizenship and Immigration Services (USCIS) rolled out a new Form I-9 in November 2016. Starting January 22, 2017, all employers must use the new Form I-9, which is dated November 14, 2016 (the edition date is on...more

Supreme Court Will Review Three Cases Involving the Lawfulness of Class and Collective Action Waivers

On January 13, 2017, the U.S. Supreme Court granted certiorari in three cases involving the lawfulness of class and collective action waivers in arbitration agreements. Since the National Labor Relations Board’s 2012...more

Federal Court Blocks New Overtime Rule

On November 22, 2016, at the request of 22 states and 55 business groups that brought suit as plaintiffs, the United States District Court for the Eastern District of Texas issued a preliminary injunction blocking the U.S....more

Plan to Grant Work Authorization to Millions Remains on Hold After Supreme Court Denies Request for Rehearing

On the first day of its new term, the United States Supreme Court sidestepped another opportunity to determine the constitutionality of President Obama’s executive immigration reforms. On October 3, 2016, the Court denied...more

Ninth Circuit Finds Arbitration Agreement That Required Employees to Bring Claims in “Separate Proceedings” Illegal Under the NLRA

On August 22, 2016, in Morris et al. v. Ernst & Young, LLP, a panel of the U.S. Court of Appeals for the Ninth Circuit followed the lead of the National Labor Relations Board (“NLRB”) and the U.S Court of Appeals for the...more

Fifth Circuit Overturns $226,000 Fine Imposed on a Staffing Company for Completing Section 2 of Form I-9 Remotely

The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the...more

Seventh Circuit Finds Class Action Waivers in Arbitration Agreements are Illegal and Unenforceable under the NLRA

On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic-Systems Corp., finding that the company's arbitration agreement, which prohibits employees from participating in “any...more

Office of the Chief Administrative Hearing Officer Rejects DACA Recipient’s Document Discrimination Claim

The U.S. Office of the Chief Administrative Hearing Officer (OCAHO) recently published Gonzalez-Hernandez v. Arizona Family Health Partnership, an interesting decision that illustrates the conflict between state laws and the...more

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