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H-1B Visa Petition Filings Are Due April 3 for FY 2018

XpertHR • February 23, 2017
Employers that want to hire foreign workers for fiscal year (FY) 2018 for positions that require highly specialized knowledge in fields such as science, teaching, engineering and computer programming should get ready now to file H-1B visa petitions with US Citizenship and Immigration Services (USCIS) on April 3, 2017. H-1B visas become available annually on October 1, but petitions for them cannot be submitted to USCIS earlier than six months in advance.

Update: Additional information on CSALs

Jackson Lewis P.C. • February 23, 2017
As a follow up to our post yesterday, there is additional information available regarding OFCCP’s recent mailing out of courtesy scheduling announcement letters.

Background Checks Present Catch-22 for Employers

XpertHR • February 23, 2017
No employer wants to be on the evening news for a workplace violence incident or other criminal conduct that it may have avoided by more thoroughly vetting job candidates.

DHS Guidance Memos Chart Aggressive Course to Implement President Trump’s Executive Orders on Immigration Enforcement

Ogletree Deakins • February 23, 2017
On February 20, 2017, U.S. Secretary of Homeland Security John Kelly released two new policy memoranda aimed at implementing President Trump’s executive orders on enhancing the public safety of the interior and border enforcement of immigration laws.

Trump Administration Rolls Back Transgender Student Protections

Fisher Phillips • February 23, 2017
Late yesterday, the Trump administration revoked Obama-era federal guidelines that had instructed public schools to permit transgender students to use bathrooms that match their gender identity. This action comes less than two weeks after the Department of Justice withdrew its objection to a federal court injunction barring the implementation of that previous policy. Yesterday’s Dear Colleague letter not only reverses course from the Obama administration’s position, but establishes that transgender bathroom policies are determinations to be made by states and local school districts.

In Which Direction Will President Trump Take The Gig Economy?

Fisher Phillips • February 23, 2017
President Trump has spent much of the first month of his presidency embroiled in controversy over his immigration policies. His economic proposals – part and parcel of his campaign – have taken a backseat to attempts at immigration reform. But the president will eventually turn his attention to economic issues, and his policies could potentially have a far-reaching impact on the gig economy.

Dear Littler: Does an Employer Have to Report Discrepancies Identified in Old I-9 Forms?

Littler Mendelson, P.C. • February 23, 2017
Dear Littler: A former employee recently reapplied for an open position at our company. In reviewing the new-hire paperwork, we noticed that her social security number did not match the one we had on file previously. Her new information checks out fine, but we are wondering if we have any reporting or disclosure requirements, to the extent that perhaps her information in her old I-9 was inaccurate?

Mine Safety Agency Issues Alert after Mining Deaths

Jackson Lewis P.C. • February 23, 2017
The Mine Safety and Health Administration has issued a “fatal accidents alert” after two separate mining accidents claimed the lives of two miners within a 24-hour period. The alert lists best practices to avoid accidents.

OSHA Reminds Employers to Post Injury and Illness Summaries

Jackson Lewis P.C. • February 23, 2017
The Occupational Safety and Health Administration has reminded employers they must post a copy of the agency’s “Summary of Work-Related Injuries and Illnesses” (Form 300A) summarizing job-related injuries and illnesses logged during 2016.

New Department of Homeland Security Memos Set Immigration Enforcement Priorities

Jackson Lewis P.C. • February 23, 2017
Two memorandums from the Department of Homeland Security implementing President Donald Trump’s Executive Orders on “Enhancing Public Safety in the Interior of the United States” and “Implementing the President’s Border Security and Immigration Enforcement Improvements Policies” establish broad enforcement priorities for the removal of individuals from the U.S. Issued by DHS Secretary John Kelly on February 20, 2017, the memos expressly overrule Obama Administration memos and guidelines prioritizing the removal of criminal aliens.

Fourth Circuit Creates New Joint Employment Test under the Fair Labor Standards Act

FordHarrison LLP • February 23, 2017
Executive Summary: The United States Court of Appeals for the Fourth Circuit recently issued a decision which clarifies and expands the circumstances under which entities may be held liable as joint employers under the Fair Labor Standards Act (FLSA). The Court emphasized that the proper focus should be on the relationship between the alleged joint employers and not on an analysis of the economic dependency between the worker and the entities. The Court concluded that “joint employment exists when the facts establish that employment by one employer is not completely disassociated from employment by the other employer.” See Salinas v. J.I. General Contractors (4th Cir. January 25, 2017).

Congratulations to Boeing's Employees and to South Carolina!

Nexsen Pruet • February 23, 2017
On February 15, 2017, the vast majority of Boeing’s employees in North Charleston and Ladson, South Carolina, rejected the International Association of Machinists’ attempt to unionize them. Of the 2,828 Boeing employees who voted, 2,097 of them -- 74% -- voted against unionization.

Can Employers Require Their Employees to Remain On Call During Rest Breaks?

Jackson Lewis P.C. • February 23, 2017
In another important decision regarding an employer’s obligation to provide rest breaks, the California Supreme Court in Jennifer Augustus et al. v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, dealt with two issues related to employee rest breaks: 1) whether employers are required to permit their employees to take off-duty rest periods pursuant to Labor Code 226.7 and Wage Order 4; and 2) whether employers may require their employees to remain “on call” during rest periods.
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