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Most NLRB Personnel on Furlough Until Appropriations Bill Signed into Law

Jackson Lewis P.C. • January 22, 2018
Bloomberg BNA reports that 99.4 percent of the National Labor Relations Board’s employees (1,426 out of 1,435) are furloughed beginning January 22, 2018, according to the Board’s contingency plan.

Sharing an employee’s EEOC charge with other employees may violate the ADA.

Ogletree Deakins • January 22, 2018
The right to communicate with the Equal Employment Opportunity Commission (EEOC) is protected by federal law. In fact, the EEOC’s Strategic Enforcement Plan identifies, as one of its six enforcement priorities, “preserving access to the legal system.” Recently, one employer learned that a letter from its in-house attorney to its workforce may be viewed as violating federal law by “chilling” employees’ willingness to file discrimination claims.

DOL Updates Guidance on Unpaid Interns, Embracing Circuit Courts' Approach

Littler Mendelson, P.C. • January 22, 2018
The U.S. Department of Labor recently announced a significant change in its interpretation of the Fair Labor Standards Act (FLSA) with respect to interns. The FLSA, of course, regulates an employer’s duty to pay minimum wage and overtime compensation to its employees. For years, the DOL has employed a six-factor test to determine whether these requirements apply to interns working for private employers.

Business Immigration Zone (BIZ): How the U.S. Government Shutdown Affects E-Verify

Phelps Dunbar LLP • January 22, 2018
The impacts of the U.S. Government shutdown are beginning to manifest. The government recently announced E-Verify is currently not available due to the lack of federal funding. This has left many employers wondering how hiring and employment verification can move forward during this budget battle.

The Race is on to File H-1B Work Visas on April 1, 2018

FordHarrison LLP • January 22, 2018
Executive Summary: We are releasing this Alert to remind employers of the fast-approaching April 1, 2018, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S. this year. Since April 1, 2018, falls on a Sunday this year, the U.S. Citizenship and Immigration Services (USCIS) should start accepting H-1B petitions on the following business day, Monday, April 2, 2018.

The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate

Fisher Phillips • January 22, 2018
Immigration has been a major flashpoint between California and the Trump Administration during the past year. In 2017, the California Legislature passed significant legislation impacting how California employers deal with federal immigration authorities. These actions appeared to put California on a collision course with the federal government, with California employers stuck squarely in the middle. A recent escalation in rhetoric between state and federal officials may portend that such a collision may be imminent.

Wisconsin Supreme Court Holds That Employee Non-Solicitation Agreements are Subject to a Strict Enforcement Standard

Littler Mendelson, P.C. • January 22, 2018
In Wisconsin, post-employment restrictive covenants are governed by Wis. Stat. § 103.465, requiring that any restrictive covenant be reasonable to be enforceable.1
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