News & Analysis as of

Foreign Nationals Wage and Hour Department of Labor (DOL)

Littler

DOL Releases Annual Fine Increases for Immigration-Related Violations

Littler on

The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases...more

Jackson Lewis P.C.

Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3

Jackson Lewis P.C. on

Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Cozen O'Connor

How Has the New Form ETA 9089 Changed the PERM Process?

Cozen O'Connor on

The Department of Labor (DOL) recently shared some key takeaways regarding the new Form ETA9089. The new Form ETA9089 is created in the Foreign Labor Application Gateway (FLAG) implemented by DOL on June 1, 2023. Some of...more

Harris Beach PLLC

New York City Pay Transparency Law To Affect Employers Hiring In NYC And Labor Certifications For Foreign National Employees

Harris Beach PLLC on

As of November 1, 2022, most employers in New York City must comply with the City’s new pay transparency legislation. The legislation amends the N.Y. City Human Rights Law (“NYCHRL”), requiring covered employers to include...more

Fisher Phillips

The Top 15 Workplace Law Stories from October 2021

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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

Dickinson Wright

THE PERM PUZZLE: Putting the Pieces Together Toward a Successful Labor Certification Process

Dickinson Wright on

Introduction - The Perm Labor Certification process can be described as various pieces of a puzzle being identified and carefully positioned, with the end goal of forming a full picture in the smoothest and most efficient...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

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

DOL Issues Interim Final Rule Adjusting Wage Level Calculations for H-1B, H-1B1, E-3 Visa and PERM Programs

On October 8, 2020, the U.S. Department of Labor (DOL) published its long-speculated interim final rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The...more

Jackson Lewis P.C.

New DOL Rule Could Limit Some Employers’ Hiring And Retention Of Highly Skilled Foreign Employees

Jackson Lewis P.C. on

After months of speculation, the Department of Labor’s (DOL’s) “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule was finally released to the public. It...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Catch 22 - Potential Nonimmigrant Visa Issues Employers Should be Aware of Due to Furloughs and Shut Downs as a...

What employers are going through today is something that hasn’t been seen in more than a century. To stem the tide of a global pandemic, more and more state and local governments are entering “Stay at Home” or “Shelter in...more

Mintz - Immigration Viewpoints

DOL to Implement New System for PERM Prevailing Wage Requests

On June 10, 2019 the Department of Labor (DOL) will implement their new system for Applications for Prevailing Wage Determinations (Form ETA-9141). The DOL has developed the Foreign Labor Application Gateway (FLAG) System as...more

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

Beltway Buzz - April 2019 #2

Stanton Confirmed as WHD Administrator. On April 10, 2019, the U.S. Senate voted to confirm Cheryl Stanton as wage and hour administrator. Stanton, who was originally nominated in September 2017, takes the helm of the U.S....more

Holland & Knight LLP

Government Shutdown Creates Issues of Concern for H-1B Employees of Government Contractors

Holland & Knight LLP on

As the government shutdown potentially moves into a second month, many government contractors who are not receiving payment from the Federal Government may soon encounter the issue of what to do with employees they can no...more

Proskauer Rose LLP

H-1B Cap: Start Planning Today for the H-1B Cap Lottery

Proskauer Rose LLP on

It is now time to prepare for the H-1B Cap for Fiscal Year 2020 (FY2020). H-1B petitions filed between April 1, 2019 and April 5, 2019 will be included in the lottery. Demand for the H-1B has steadily increased over the years...more

Fisher Phillips

Longest Government Shutdown In History Is Impacting Workplace Law

Fisher Phillips on

As of Saturday, the current federal government shutdown became the longest in our nation’s history—and employers are starting to feel the sting. While the peculiarities of the federal budget process meant that this shutdown...more

Fisher Phillips

December 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on

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

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

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

Fisher Phillips

Web Exclusive - Alternate Reality: “Extreme Vetting” Of H-1B Work Visas

Fisher Phillips on

To boost innovation and remain competitive, employers often have no option but to sponsor foreign nationals for H-1B work visas to meet their labor needs, especially when it comes to workers in science, technology,...more

Jones Day

2018 California Employment Legislation and Regulatory Update

Jones Day on

The California Legislature in 2017 adopted multiple statutes that increase the complexity and scope of employment regulation. Most notable was the passage and signing of Assembly Bill 168, which prohibits employers from...more

Littler

Labor Secretary Announces Aggressive Stance on Visa Fraud and Abuse

Littler on

Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...more

Foley Hoag LLP

Another Executive Order on Immigration Expected

Foley Hoag LLP on

Within the next week, President Trump is expected to issue another Executive Order (“EO”) concerning high-skilled workers and foreign students, most likely to be titled "Protecting American Jobs and Workers by Strengthening...more

Franczek P.C.

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

Franczek P.C. on

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

Littler

DOL Misclassification Guidance on Independent Contractors Could Affect Certain Nonimmigrant Visa Classifications

Littler on

On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation...more

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