USCIS Announces FY 2023 H-1B Cap Reached

On February 4, 2022, the U.S. Department of Labor (DOL), U.S. Department of the Treasury, and U.S. Department of Health and Human Services (HHS) issued subregulatory guidance that provides greater flexibility and clarifies a few points on the required coverage of over-the-counter (OTC) COVID-19 tests, which took effect for employer health plans and health insurers on January 15, 2022. The guidance, in the form of frequently asked questions (FAQs), expands on the agencies’ prior guidance, which was issued last month. That initial guidance outlined the required coverage under section 6001 of the Families First Coronavirus Relief Act (FFCRA) and established enforcement safe harbors for plans and insurers.

The Tennessee Wage Payment Statute includes provisions that address the payment of a separated employee’s final paycheck. The statute requires that: “the final wages of an employee who quits or is discharged shall include any vacation pay or other compensatory time that is owed to the employee by virtue of company policy or labor agreement.” The Tennessee Department of Labor and Workforce Development is responsible for enforcing the Wage Payment Statute.

In Bonkowski v. Oberg Industries, Inc., (3d Cir. May 22, 2015), the Third Circuit Court of Appeals ruled that an employee who was admitted to the hospital moments after midnight, and who was discharged more than 14 hours later, was not entitled to protection under the Family and Medical Leave Act (FMLA) because he did not meet the “overnight stay” requirement in the FMLA regulations. The court noted that the pre-midnight time spent by the employee in the hospital’s waiting room prior to his admission did not count toward the overnight stay requirement.