USCIS Issues Top 10 Reasons for H-1B Requests for Evidence
U.S. Citizenship and Immigration Services (USCIS) has published a breakdown of the top 10 reasons it issued requests for evidence (RFEs) for H-1B petitions in fiscal year (FY) 2018.
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Overtime Status Update: What the NPRM’s Publication Means for the Comment Period
Slightly more than two weeks after it announced its notice of proposed rulemaking (NPRM) to revise the part 541 overtime exemption regulations, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published the NPRM in the Federal Register (84 Fed. Reg. 10900) on March 22, 2019.
Beltway Buzz, March 22, 2019
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
DOL Issues Guidance on H-1B Notice Requirements
The Wage and Hour Division of the U.S. Department of Labor (DOL) has published a bulletin highlighting the H-1B notice and posting procedures with which employers must comply if they elect to provide electronic notice of their intent to hire H-1B nonimmigrant workers. The bulletin places particular emphasis on compliance issues when third-party worksites are involved.
New Jersey Bars Nondisclosure Agreements in All Discrimination Settlements, Purports to Bar Arbitration Agreements
On March 18, 2019, Governor Phil Murphy signed into law Senate Bill 121 (S121), which amends the New Jersey Law Against Discrimination (NJLAD) in two important respects, effective immediately.
Arizona Employers, Remain Vigilant! State Legislature Approves New Service Methods for Writs of Garnishments
The Arizona legislature recently passed a bill that would amend Arizona Revised Statutes Section 12-1574 to change how writs of garnishments can be issued and served on garnishees, including employers. House Bill (HB) 2230 went to Governor Doug Ducey for signature on March 19, 2019, and he is expected to sign it soon.
Fourth Circuit Denies Wage Discrimination Claim Due to Job Responsibilities Not Being “Virtually Identical”
The Fourth Circuit Court of Appeals issued a published opinion on March 18, 2019, that will undoubtedly become a pivotal Equal Pay Act of 1963 (EPA) case in the context of higher education.
USCIS Announces Staggered Premium Processing for FY 2020 Cap Cases
U.S. Citizenship and Immigration Services (USCIS) has announced that premium processing will be available for the H-1B cap filing season for Fiscal Year (2020).
Michigan Court of Appeals Rules in Favor of Employer in Medical Marijuana Case
On February 19, 2019, the Michigan Court of Appeals issued a ruling in Eplee v. City of Lansing, clarifying that the Michigan Medical Marihuana Act (MMMA) does not create “an independent right protecting the medical use of marijuana in all circumstances, nor does it create a protected class for users of medical marijuana.”
Key Takeaways From an ERISA Fiduciary Breach Ruling on Behavioral Standards of Care After a 10-Day Trial
Behavioral health claims administrators and plan sponsors alike may be looking more closely at their care guidelines—and how they are applied—after a federal court ruled in a California class action that a claims administrator had breached its fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA) by applying standards of care that were more restrictive than generally accepted standards and by improperly prioritizing cost savings.
The Pendulum Keeps Swinging—EEO-1 Pay Data Update
The 2018 EEO-1 Survey Site officially opened on Monday, March 18, 2019. While there was some confusion about this year’s filing requirement due to the recent court decision reinstating the pay data component, the current filing format is the same as last year, with no pay data required.
5 Takeaways From New York City’s Legislation on Lactation Room Accommodations
The New York City Council recently passed two bills addressing lactation rooms for breastfeeding mothers
Federal Mine Safety and Health Review Commissioners Confirmed
The Federal Mine Safety and Health Review Commission is back in business as it will soon have a quorum again to decide cases. The Commission plays an important role in mine safety and health law. The Commission establishes precedential case law when it decides appeals of administrative law judge decisions in Mine Safety and Health Administration (MSHA) cases, including citation contests and discrimination cases.
DOL Opinion Letter Clarifies Designation and Use of FMLA Leave
On March 14, 2019, Keith Sonderling, the acting administrator of the Wage and Hour Division (WHD) of the Department of Labor (DOL) issued an opinion letter clarifying the DOL’s position on designating and taking leave under the Family and Medical Leave Act (FMLA) and placing the department at odds with the Ninth Circuit’s Escriba decision.
Beltway Buzz, March 15, 2019
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
WHD Issues New Opinion Letter: Compensability of Time Spent in Employer-Sponsored Community Service Program
On March 14, 2019, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued two new opinion letters addressing compliance under the Fair Labor Standards Act (FLSA).
EEOC’s Proposed Changes May Lead to Increased Charge Activity and Subsequent Litigation
On February 22, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking (NPRM) to update and amend procedural regulations to fully digitize the EEOC’s charge processing and records systems, clarify the meaning and significance of a “no cause” determination, and delegate the issuance of dismissals to lower-level EEOC employees.
Caring for Our Caregivers: House Subcommittee Holds Hearing on Healthcare Workplace Violence Bill
On February 27, 2019, the U.S. House Subcommittee on Workforce Protections held a hearing on House Resolution 1309, the Workplace Violence Prevention for Health Care and Social Service Workers Act, introduced by Representative Joe Courtney (D-CT).
Transformational Artificial Intelligence: Prioritizing AI in Healthcare While Maintaining Legal Compliance
In February 2019, President Trump signed an executive order titled “Maintaining American Leadership in Artificial Intelligence,” also known as the American AI Initiative, that aims to increase the use of artificial intelligence (AI) nationwide.
Key Immigration Considerations During Mergers and Acquisitions, Part II: Green Cards
Part one of this two-part series outlined common considerations related to temporary work visas employers may have during the due diligence process of a merger, acquisition, or other corporate restructuring. Part two will cover key considerations for employers during a pre-close assessment of impacted foreign national workers—this time, regarding green card processing.
Tips for Dismissing an Employee in the Netherlands
The Netherlands is one of the few places in the world where dismissing an employee requires prior authorization from the government (unless it is done summarily for urgent cause).
Unions Challenge MSHA’s New Workplace Exam Rule for Metal and Nonmetal Mines
On March 12, 2019, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union v. Mine Safety and Health Administration, USCA Case No. 18-1116.
Plan Sponsors: Don’t Miss These Retirement Plan Deadlines
Given that a variety of qualified retirement deadlines are approaching, we thought a refresher on the subject would be helpful, especially for plans that utilize a calendar plan year. This article is intended to alert plan sponsors about applicable major qualified retirement plan deadlines that fall in the first half of 2019.
DHS Issues Fraud Alert Regarding Phone Scam
The U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) has issued a fraud alert notifying the public of an ongoing phone scam whereby scammers dupe their victims into providing personal information and money.
USCIS Reinstates Premium Processing for All H-1B Petitions—Effective Immediately
Effective immediately, U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B petitions.
Fifth Circuit Rules No Notice of Collective Actions for Employees With Arbitration Agreements
The U.S. Court of Appeals for the Fifth Circuit Court recently issued an opinion with major implications in In re: JPMorgan Chase & Company that impacts collective actions under the Fair Labor Standards Act (FLSA).
Initiate Petitions Now–H-1B Cap Filing Date Quickly Approaching
On April 1, 2019, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions subject to the annual quota for fiscal year 2020 (FY 2020). With the filing window quickly approaching, employers now have only a limited amount of time to identify and prepare petitions for employees who require new H-1B visas to work in the United States.
Key Immigration Considerations During Mergers and Acquisitions, Part I: Work Visas
In the context of mergers, acquisitions, and other corporate restructurings, during the due diligence process, employers often overlook the immigration-related considerations related to impacted foreign national workers.
New York Department of Labor Abandons Proposed Predictive Scheduling Rule
In November 2017, the New York State Department of Labor (NYSDOL) issued a proposed predictive scheduling rule that would have imposed various call-in pay requirements when shifts are scheduled or cancelled on short notice or when employees are on call.
Part 541 Overtime Rule, Round 2: How the New NPRM Differs From the 2016 Proposal
On March 7, 2019, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) announced the release of its Notice of Proposed Rulemaking (NPRM) to revise the regulations defining who is an executive, administrative, professional, outside sales and computer employee exempt from the overtime and minimum wage protections of the Fair Labor Standards Act (FLSA).