In the latest labor law brew-haha, the U.S. Supreme Court reconciled a circuit split by requiring the National Labor Relations Board (NLRB) to marshal substantial proof to win temporary injunctions against employers for...more
Effective August 1, 2023, U.S. Citizenship and Immigration Services will grant certain employers the ability to remotely inspect work authorization documents for the Form I-9. USCIS made the announcement as it gets ready to...more
It is almost time for employers to register their interest to sponsor a foreign national in H-1B status. Initial registration for the Fiscal Year 2024 H-1B cap will open at 12:00 p.m. EST on March 1, 2023 and close at 12:00...more
United States Citizenship and Immigration Services (USCIS) announced that employers should continue to use the current Form I-9 for employment eligibility verification, even after the expiration date has passed. The current...more
U.S. Customs and Border Protection (“CBP”) announced the elimination of issuing entry stamps in the passports of foreign nationals arriving in the U.S. While the measure is already in effect for some airports, not all ports...more
Yesterday, the National Labor Relations Board (NLRB or Board) issued a decision realigning guidance on when a union election should occur by mail. Going forward, the new standard will make it less likely that union elections...more
In response to the Omicron variant of COVID-19, the Biden Administration reinstated travel restrictions for certain foreign nationals through Presidential Proclamation 10315. This new measure is a reverse course of...more
Effective November 12, 2021, U.S. Citizenship and Immigration Services (“USCIS”) extended employment authorization for certain E, H, and L dependent spouses. Specifically, USCIS now recognizes that L and E dependent spouses...more
11/30/2021
/ Department of Homeland Security (DHS) ,
Dependents ,
E-1 ,
E-2 ,
E-3 ,
Employment Authorization Documents (EAD) ,
Extensions ,
Form I-9 ,
Form I-94 ,
H-4 Spouses ,
I-140 ,
L-2 Visas ,
USCIS
Effective 12:01 a.m. today, Presidential Proclamation 10294 took effect. That Proclamation rescinds the pandemic geographic travel bans and instead implements certain COVID-19 vaccine requirements for all international air...more
U.S. employers generally must properly complete Form I-9 for each individual they hire for employment in the United States to verify the identify and employment authorization of that individual. As part of that process, the...more
Beginning July 1, 2022, New Mexico will require private employers to provide up to 64 paid sick leave hours to their employees each year. The Healthy Workplaces Act (“HWA”) was signed by Governor Michelle Lujan Grisham on...more
Effective February 24, 2021, US Citizenship and Immigration Services will allow those filing a petition for E-3 status to request premium processing. E-3s are available only to nationals of Australia who are coming to the...more
On February 4, 2021, USCIS announced that it was delaying the effective date of the final rule that would have altered the way H-1Bs were allocated in the lottery process. See here. Under the rule entitled “Modification of...more
Colorado’s Equal Pay for Equal Work Act (the “Act") goes into effect January 1, 2021. To implement the Act, the Colorado Department of Labor and Employment recently adopted the Equal Pay Transparency (“EPT”) Rules. This Legal...more
Background -
As with many other facets of life, the COVID-19 pandemic is impacting how the National Labor Relations Board (NLRB) handles representation cases. This week, in Aspirus Keweenaw & Michigan Nurses Ass’n,...more
This November, Arizona voters will decide whether to legalize the recreational use of marijuana. One burning question for employers: How does this impact operations?
We consider some of the issues here....more
The new Healthy Families and Workplace Act (“Act”) requires all private employers in Colorado to provide three types of paid sick leave to their Colorado employees: 1) COVID-19 emergency paid sick leave; 2) paid sick and safe...more
Many employers have opened for business and now hope for much-needed smooth sailing. As they chart their course for open and calm waters, however, employers would be well-served to keep their spyglasses focused on the...more
7/15/2020
/ Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Layoffs ,
OSHA ,
OWBPA ,
Release Agreements ,
Wage and Hour ,
WARN Act
The U.S. Women’s National Soccer Team’s (“WNT”) battle to increase pay in line with that afforded to the U.S. Men’s National Soccer Team (“MNT”) was dealt a blow last Friday as a judge dismissed their Equal Pay Act ("EPA")...more
5/9/2020
/ Burden of Proof ,
Civil Rights Act ,
Collective Bargaining ,
Dismissals ,
Equal Pay ,
Equal Pay Act ,
Fédération Internationale de Football Association (FIFA) ,
Gender-Based Pay Discrimination ,
Sex Discrimination ,
Soccer ,
Title VII ,
Women in Sports
Employers should take note of two major updates in the Form I-9, Employment Eligibility Verification, world.
New Version of Form I-9:
From May 1, 2020 onwards, employers will only be permitted to use the Form I-9 with a...more
President Trump late yesterday signed a Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak...more
Department of Homeland Security (DHS) announced today changes to the Form I-9 process due to COVID-19...
Employers with employees taking physical proximity precautions due to COVID-19 will not be required to review the...more
Friday, January 31st, 2020, USCIS announced a new version of the Form I-9, Employment Eligibility Verification in its published Federal Register notice. The new form’s “version date” is 10/21/2019 and is located in the lower...more
United States Citizenship and Immigration Service (USCIS) has implemented a new process for the annual H-1B lottery. Employers wishing to file H-1B cap-subject petitions with a start date of October 1, 2020, must first submit...more
1/23/2020
/ Filing Deadlines ,
Filing Fees ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Lottery ,
USCIS ,
Visa Caps ,
Visas
It’s been a busy year for New Mexico legislators.
On January 1, 2019, Democrat Michelle Lujan Grisham became New Mexico’s 32nd governor, replacing Republican Governor Susana Martinez. Gov. Grisham campaigned on a platform...more