This detailed set of Frequently Asked Questions, fully updated for 2022, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more
9/9/2022
/ Business Closures ,
Corporate Counsel ,
Disaster Preparedness ,
Employee Assistance Programs ,
Employee Benefits ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Foreign Workers ,
Hiring & Firing ,
Hurricane Season ,
Labor Relations ,
Layoffs ,
Leave of Absence ,
Natural Disasters ,
Severe Weather ,
Unemployment Benefits ,
Visas ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
Thanks to a new rule published yesterday, a broad group of nonimmigrant workers waiting for their employment authorization cards will have their temporary work authorizations extended for 540 days from their expiration date –...more
One day is all it took for the Biden-Harris administration to repudiate the Trump-era crackdown on immigration. By issuing a series of Executive Actions, Presidential Memoranda, and Proclamations on January 20 and the days...more
1/27/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
DACA ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Infectious Diseases ,
Legislative Agendas ,
Presidential Memorandum ,
Presidential Proclamations ,
Travel Ban ,
Undocumented Immigrants ,
USCIS ,
Visas
This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more
8/21/2020
/ Business Closures ,
Centers for Disease Control and Prevention (CDC) ,
Charitable Donations ,
COBRA ,
Coronavirus/COVID-19 ,
Covered Employees ,
Data Privacy ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Force Majeure Clause ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Health and Safety ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Plan Sponsors ,
Highly-Skilled Workers Visa ,
HIPAA Privacy Rule ,
Hiring & Firing ,
Hurricane Season ,
Infectious Diseases ,
Labor Relations ,
Medical Leave ,
Military Leave ,
Military Service Members ,
Natural Disasters ,
NLRB ,
OSHA ,
Retirement ,
Retirement Plan ,
Retirement Plan Providers ,
State Labor Laws ,
Unemployment Benefits ,
Unemployment Compensation System ,
Unions ,
USCIS ,
USERRA ,
Visa Applications ,
Visas ,
Volunteers ,
Wage and Hour ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
President Trump just issued a Proclamation to further restrict legal immigration, preventing employers from bringing new H-1B, H-2B, L-1A, L-1B, and J-1 workers from abroad into the United States. Effective June 24, 2020...more
6/23/2020
/ Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Students ,
Foreign Workers ,
H-1B ,
H-2B ,
Highly-Skilled Workers Visa ,
J-1 Visas ,
L-1 Visas ,
Presidential Proclamations ,
Trump Administration ,
Visas
By a 5-4 vote, the U.S. Supreme Court ruled today the Trump administration did not provide adequate and appropriate justification to terminate the Deferred Action for Childhood Arrivals (DACA) program, preserving the ability...more
6/19/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Wolf v Vidal ,
Work Permits
In a measure responding to the COVID-19 pandemic crisis, President Trump has issued a proclamation temporarily suspending the entry of immigrant-visa applicants for 60 days. Although the initial announcement preceding the...more
Fisher Phillips has assembled a cross-disciplinary taskforce of attorneys across the country to address the many employment-related issues facing employers in the wake of the COVID-19 coronavirus – especially now that the...more
3/3/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Foreign Workers ,
Global Workforce ,
Health and Safety ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Infectious Diseases ,
Labor Relations ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Traveling Employee ,
Wage and Hour ,
WARN Act ,
Workplace Safety
The news that President Trump selected Eugene Scalia to take over as Labor Secretary late last week caught some employers by surprise; after all, it was just a week ago that we were analyzing the track record of the...more
7/22/2019
/ Administrative Appointments ,
Affirmative Action ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Labor Policies ,
Medical Leave ,
OFCCP ,
OSHA ,
Pay Data ,
Pay Equity Laws ,
Presidential Nominations ,
Secretary of Labor ,
Trump Administration ,
Wage & Hour Division (WHD)
Immigration and Customs Enforcement (ICE) threatened to start to carry out a series of immigration raids this weekend seeking to identify and apprehend undocumented individuals – with some potentially occurring at the...more
7/16/2019
/ Audits ,
Employee Training ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
NLRA ,
Raids ,
Search Warrant ,
Undocumented Immigrants
When the news broke Friday afternoon that Labor Secretary Alexander Acosta would be resigning from his post, employers across the country began wondering what this transition would mean for them. You may have even heard...more
7/15/2019
/ Affirmative Action ,
Corporate Counsel ,
Department of Labor (DOL) ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Filing Deadlines ,
Foreign Workers ,
Immigration Enforcement ,
Joint Employers ,
OFCCP ,
OLMS ,
OSHA ,
Pay Data ,
Pay Equity Laws ,
Resignation ,
Secretary of Labor ,
USCIS ,
Wage and Hour ,
Workplace Safety
The Social Security Administration recently resurrected its practice of issuing Employer Correction Request notices – also known as “no-match letters” – when it receives employee information from an employer that does not...more
5/8/2019
/ Books & Records ,
E-Verify ,
Employer Liability Issues ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
IRS ,
Reporting Requirements ,
Social Security Administration (SSA) ,
Undocumented Immigrants ,
Verification Requirements
The federal government just published its final rule amending the regulations that will govern petitions filed under the H-1B work visa lottery. Although the final rule is effective April 1, 2019, the Department of Homeland...more
2/6/2019
/ Amended Regulation ,
Department of Homeland Security (DHS) ,
Diversity Lottery ,
Electronic Filing ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Labor Condition Applications ,
Registration Requirement ,
USCIS ,
Visa Applications ,
Visa Caps ,
Visas
As of Saturday, the current federal government shutdown became the longest in our nation’s history—and employers are starting to feel the sting. While the peculiarities of the federal budget process meant that this shutdown...more
1/14/2019
/ Anti-Deficiency Act ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
E-Verify ,
Employment Discrimination ,
Employment Eligibility Verification ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Federal Contractors ,
Foreign Nationals ,
Foreign Workers ,
Government Agencies ,
Government Shutdown ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
NLRB ,
OSHA ,
Trump Administration ,
USCIS ,
Visas ,
Wage and Hour ,
Workplace Safety
Because Congress and the president could not approve a stopgap funding bill by midnight on December 21, the federal government partially shut down, with no compromise in sight. What will this mean for employers across the...more
12/27/2018
/ Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
E-Verify ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Federal Contractors ,
Foreign Nationals ,
Government Agencies ,
Government Shutdown ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
NLRB ,
Trump Administration ,
USCIS ,
Visas
If Congress and the president cannot approve a stopgap funding bill by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? Because of the peculiarities of the...more
In the past week, Immigration and Customs Enforcement (ICE) has significantly increased the number of Notices of Inspection issued to employers nationwide, leading to a dramatic spike in I-9 audits. Unlike the enforcement...more
7/23/2018
/ Audits ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Raids ,
Risk Management ,
Sanctuary Cities ,
Trump Administration ,
Undocumented Immigrants
In one of its most anticipated cases in decades, a deeply divided U.S. Supreme Court ruled 5-4 in favor of upholding President Trump’s latest “travel ban” today, delivering a key win to the Trump administration and one of its...more
6/27/2018
/ Appeals ,
Establishment Clause ,
Foreign Nationals ,
Immigration and Nationality Act ,
Immigration Reform ,
Likelihood of Success ,
Muslims ,
National Origin Discrimination ,
Presidential Decrees ,
Reversal ,
SCOTUS ,
Travel Ban ,
Trump Administration ,
Trump v Hawaii
To boost innovation and remain competitive, employers often have no option but to sponsor foreign nationals for H-1B work visas to meet their labor needs, especially when it comes to workers in science, technology,...more
6/11/2018
/ Citizenship Status Discrimination ,
Civil Rights Act ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Hiring & Firing ,
Immigration and Nationality Act ,
Labor Condition Applications ,
National Origin Discrimination ,
New Guidance ,
Race Discrimination ,
STEM ,
Trump Administration ,
USCIS ,
Vetting ,
Wage and Hour ,
Work Visas
Were you one of the lucky few to “win” one of the 85,000 H-1B visa numbers in this year’s random selection process held by the U.S. Citizenship and Immigration Services (USCIS) lottery? The USCIS held its annual lottery...more
Federal enforcement officials are amplifying their efforts to crack down on undocumented workers and the businesses that employ them, as Immigration and Customs Enforcement (ICE) officials have raided over 120 businesses in...more
2/19/2018
/ Audits ,
Deportation ,
Employee Training ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Penalties ,
Raids ,
Trump Administration ,
Undocumented Immigrants
If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more
1/18/2018
/ Budget Reconciliation ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Government Shutdown ,
Green Cards ,
Labor Relations ,
NLRB ,
OSHA ,
PERM ,
Small Business ,
Trump Administration ,
US State Departments ,
USCIS ,
Visas ,
Wage and Hour ,
Work Visas ,
Workplace Safety
Slurpees are not the only ICE-y things being served at 7-Eleven these days. For the second time in five years, Immigrations and Customs Enforcement (ICE) raided dozens of 7-Eleven stores across the country in search of...more
1/12/2018
/ 7-Eleven ,
Audits ,
Civil Monetary Penalty ,
Criminal Penalties ,
Employee Training ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Raids ,
Trump Administration ,
Undocumented Immigrants
New presidents are often judged based on their accomplishments in their first 100 days in office. President Trump is no exception to that rule. The Trump administration recently passed that milestone date, offering an...more
5/4/2017
/ Affirmative Action ,
Blacklist ,
Buy American Act ,
Data Security ,
Domestic Hiring Policy ,
EEO-1 ,
Employee Privacy Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Immigration Reform ,
Labor Relations ,
LGBTQ ,
Neil Gorsuch ,
OSHA ,
Over-Time ,
Pay Equity Laws ,
SCOTUS ,
Trump Administration ,
Wage and Hour ,
Workplace Safety