News & Analysis as of

Interim Final Rules (IFR) Wage and Hour

King & Spalding

Ninth Circuit Vacates Low-Wage-Index Policy

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On December 11, 2024, the Ninth Circuit struck down an HHS policy that boosted the wage index, and therefore the Medicare reimbursement rate, for hospitals in low-income communities in Kaweah Delta Health Care District v....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - July 2023 #4

Su Slips. Acting Secretary of Labor Julie Su’s chances of becoming the actual secretary of labor continued to dwindle this week. Multiple media reports indicate that the administration is no longer pushing for Su’s...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Delays Implementation of Updated OES Wage Rule

On February 1, 2021, the U.S. Department of Labor (DOL) formally proposed delaying the implementation of its final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Rulemaking Redux: DOL Issues Updated Final Rule Adjusting Wage-Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases

On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for...more

Littler

DOL Confirms it Will Comply With New Court Order on Wage Rates

Littler on

The U.S. Department of Labor has announced that it plans to comply with a new U.S. district court order ruling that the agency violated the Administrative Procedure Act by failing to engage in the proper rule-making process...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Invalidates Trump Administration Rules on H-1B visas and Employment-Based Green Cards

Key Points - DHS and DOL Interim Final Rules on H-1B visas and prevailing wage levels have been struck down by the Court. - Definition of “specialty occupation” and rules for third-party placement of H-1B employees...more

Fisher Phillips

Federal Judge Blocks New H-1B Pay Rules

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In a major blow to the Trump administration, a federal court recently struck down two immigration rules that would limit the ability of skilled foreign workers to obtain H-1B visas. In a December 1 ruling, the U.S. District...more

Miller Canfield

U.S. District Court Sets Aside DHS and DOL H-1B Wage Rules

Miller Canfield on

In Chamber of Commerce, et al., v. DHS, et al., the U.S. District Court in California has set aside an interim final rule significantly altering prevailing wages to be paid to certain temporary and permanent foreign workers...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration Introduces Major Changes to H-1B Visas and Employment-Based Green Cards

- DHS and DOL publish Interim Final Rules on H-1B visas and prevailing wage levels. - DHS tightens “specialty occupation” definition and restricts third-party placement of H-1B employees. - DOL significantly raises...more

Genova Burns LLC

Paycheck Protection Program Update: Where do you Stand?

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The SBA, in consultation with the Treasury, released a new interim final rule, to simplify loan forgiveness for certain borrowers of Paycheck Protection Program (“PPP”) loans. Specifically, the SBA has issued a rule that...more

Seyfarth Shaw LLP

Immigration Rush to Judgment – No Good Cause for New H-1B Rules in a Hurry

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The U.S. Department of Labor (DOL) and Department of Homeland Security (DHS) last week affirmed the truth of the Upton Sinclair maxim on just how hard it is get someone “to understand something, when his [or her] salary...more

Perkins Coie

Trump Administration Issues New Regulations on H-1B Workers and Prevailing Wage Requirements

Perkins Coie on

The Trump administration published two new regulations on October 8, 2020, that make significant changes to the H-1B visa rules and to the prevailing wage requirements for PERM labor certification applications as well as...more

Tonkon Torp LLP

DHS Publishes Regulation Impacting H-1B Program

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On October 8, 2020, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) that significantly revises the "specialty occupation" H-1B legal standard, among other changes. The regulation is...more

Tonkon Torp LLP

DOL Publishes Regulation Impacting Prevailing Wages

Tonkon Torp LLP on

On October 8, 2020, the U.S. Department of Labor (DOL) published an Interim Final Rule (IFR) that impacts prevailing wage programs for H-1B, H-1B1, and E-3 temporary classifications, as well as for certain permanent residence...more

Ballard Spahr LLP

DOL, DHS Issue New Rules for H-1B Process and Prevailing Wage Computation

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The U.S. Departments of Labor (DOL) and Homeland Security (DHS) published interim final rules yesterday that amend regulations governing prevailing wage computation and the definition of “specialty occupation” in the H-1B...more

Cozen O'Connor

Sweeping Changes to the H-1B Program To Go into Effect

Cozen O'Connor on

Two Interim Final Rules (IFRs) are to be published on Thursday, October 8, 2020 by the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL). The DHS “Strengthening the H-1B Nonimmigrant Visa...more

Littler

U.S. Agencies Issue Interim Final Rules with Major H-1B Reforms for Legal Definition of Specialty Occupation Workers and Wage...

Littler on

The U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) have released two new interim final rules affecting immigration. Both rules immediately impact skilled foreign workers in the H-1B specialty...more

Womble Bond Dickinson

USCIS Interim Final Rule Revising Definition of “Specialty Occupation”

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On October 6, 2020, the U.S. Department of Homeland Security (DHS) issued an Interim Final Rule (IFR) to be published on October 8, 2020 and to take effect on December 7, 2020. The rule revises regulations regarding the H-1B...more

Foster Garvey PC

Let the Good Times Roll – The SBA Issues Interim Final Rules on PPP Loan Forgiveness, Including Guidance on the Payment of Bonuses...

Foster Garvey PC on

On Friday, May 22, 2020, the Small Business Administration (“SBA”), in conjunction and consultation with the U.S. Department of the Treasury (“Treasury”), published an interim final rule (“IFR”) containing new guidance on the...more

Proskauer Rose LLP

Paycheck Protection Program – Where Are We Now? An Up-To-Date Guide to the Paycheck Protection Program (UPDATED)

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Since the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) on March 27, 2020, the U.S. Small Business Administration (the “SBA”) and the U.S Treasury Department (“Treasury”) have issued a...more

Ruder Ware

Treasury Provides Small PPP Forgiveness Clarification Regarding Laid Off Employees

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Over the weekend, the Department of Treasury issued an update to their PPP FAQs. Question #40 clarifies that an employer’s forgiveness amount under PPP will not be impacted if the employer attempts to rehire a previously laid...more

McDermott Will & Emery

Affordable Care Act Whistleblower Complaint Procedures

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On October 11, 2016, the Occupational Safety and Health Administration published a final rule that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA); for hearings...more

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