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2017 Immigration Recap for Employers

2017 has proven to be a busy year for immigration. Below is a recap of three pertinent developments that employers should keep in mind: 30/60 day misrepresentation rule eliminated.  Foreign nationals entering the U.S. on a specific non-immigrant visa are not supposed to change to another visa shortly after their entry. Previously  if a foreign […]

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NLRB: New Law of Unilateral Changes

There is a flurry of articles on the  NLRB decisions last week, reversing Obama-era rulings on the subjects of joint employers (Hy-Brand Industrial Contractors) handbook policies (The Boeing Co.) and the ‘micro-unit standard’ in representation cases (PCC Structurals Inc.) Another case decided last week, which has not received as much attention, will have a very […]

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JM
Of Counsel

Forecasted Changes with a Republican NLRB

With the confirmation of William Emanuel by the Senate on September 25, 2017, the NLRB has a Republican majority. Democrat/union lawyer members had been in the majority for many years. Republican Marvin Kaplan had been confirmed by the Senate on August 2, 2017, and the Republican member Phillip Miscimarra was appointed Chairman by the President […]

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JM
Of Counsel

Immigration Alert: DHS Commits to Ending DACA

On September 5, 2017, the Department of Homeland Security (DHS) committed to a wind down of the Deferred Action for Childhood Arrivals (DACA) program. DACA began in August 2012 when DHS started accepting requests for consideration of deferred action for certain young people who came to the United States as children and who met other […]

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OMB Blocks EEOC’s Pay Reporting Requirements

Last Tuesday, the Office of Management and Budget (OMB) halted the Equal Employment Opportunity Commission’s collection of pay data from employer information reports, called EEO-1s. See here. The EEOC finalized the rule related to pay data collection in September 2016 in an attempt to gather information about what the EEOC believes to be pay discrimination that […]

AE
Former Associate

Federal Court strikes down Overtime Rule

A Texas federal district court judge invalidated the Department of Labor’s (“DOL’s”) controversial Final Rule that would have made more than 4 million currently exempt employees eligible for overtime. On May 23, 2016, the DOL issued its Final Rule which sought to increase the minimum salary threshold to qualify for the “white collar” overtime exemption […]

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JL
Partner

Occupational Opaqueness: The Uncertain Future of OSHA Regulation and the Electronic Recordkeeping and Reporting Rule

The Occupational Safety and Health Administration (OSHA) is still without an agency head six months into the presidency of Donald Trump. As such, the future of OSHA is unclear in light of the president’s promises of less government intervention and less regulation. Should these promises be implemented in the realm of occupational safety and health, […]

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AE
Former Associate

Breaking Immigration Developments: President Trump’s Second Travel Ban Halted

In his first 100 days in office, President Trump has entrenched himself in a battle against the federal courts to enforce his now-infamous travel bans. Just over a year ago, the then-candidate Trump called for a ban of all Muslims from entering the US.  After taking office, the President signed two executive orders designed to […]

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CM
Former Associate

Immigration Update: Executive Order’s Travel Ban Creates Chaos for Foreign Workers and Their Employers

Late on Friday, January 27, 2017, President Trump signed an Executive Order immediately suspending the ability of citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to enter the United Sates for a period of 90 days. The implementation of this Executive Order without any advance notice created chaos this weekend as some travelers […]

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