Labor & Employment E-Note - May 2021

Burr & Forman

Focus

America's Immigration System: President Biden's First 100 Days

Last month, President Joe Biden ("President Biden") wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic ("COVID-19") to America's immigration system. Inasmuch as immigration affairs remained at the forefront under the previous administration, America's immigration system continues to be a pressing topic for the Biden administration. President Biden has taken various actions and positions on key immigration issues, many of which could significantly impact businesses that regularly employ foreign nationals.

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Resources

DOL Withdraws Independent Contractor Rule

The Department of Labor has withdrawn a Trump-era recommendation to modify the "economic realities test" in determining whether a worker was an employee or independent contractor.

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Groundhog Day? The U.S. Department of Labor Revisits Its Union Reporting Rule

The U.S. Department of Labor is considering changes to the "advice exemption" under the Labor Management Reporting Disclosure Act that would significantly impact advice received from attorneys and make union organizing campaigns more difficult for employers.

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So Your Employee Wasn't Selected in the H-1B Lottery…Now What?

On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process. Beginning April 1st, those selected were eligible to start filing. But what if your employee was not selected? Even without an H-1B selection, there are numerous options still available so businesses can continue to employ valuable foreign national workers.

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Brooke Watson Authors Article on Secure Employee Offboarding for Business Alabama

Burr & Forman attorney Brooke Watson provided insight on best practices for employers to minimize risks when offboarding an employee in an article published by Business Alabama on April 16, 2021.

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Facts on Travel Restrictions Directed at the Republic of India

Travel from India has been significantly limited by Presidential Proclamation effective Tuesday, May 4, 2021. If you have professional or personal contacts with current or future plans for travel between India and the United States, a review of the proclamation and listed exceptions is essential prior to travel.

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Jonathan Eggert Discusses DOL's Rule Delay for Employers of Foreign Workers in HR Daily Advisor

In an HR Daily Advisor article titled "DOL's Rule Delay Called Good News for Employers of Foreign Workers," Burr & Forman attorney Jonathan Eggert discusses how he expects the rule will affect employers.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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