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Global Visa Delays Follow Technical Difficulties with State Department System

Ogletree Deakins • July 29, 2014
Last week, the U.S. Department of State’s visa processing database, which controls the issuance of visas and passports at the U.S. consulates abroad, experienced system performance issues (including outages) leading to worldwide delays in visa issuances for individuals seeking entry into the United States. The malfunction in the Consular Consolidated Database stalled the processing of U.S. visas for foreign nationals at consulates around the world, and was not limited to one consulate or country.

Yes, sexual harassment plaintiff, you can shoot yourself in the foot. Here’s how.

Constangy, Brooks & Smith, LLP • July 29, 2014
Even an air-tight case of sexual harassment can be sabotaged if (1) the employer has a policy banning it and an effective mechanism for handling complaints, and (2) the victim refuses to cooperate in the investigation.

Department of Labor Brief Provides More Guidance on Interns

Franczek Radelet P.C • July 29, 2014
In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns.

USCIS Policy Memo Provides Guidance on use of H-1B Petitions for Nursing Positions

Littler Mendelson, P.C. • July 29, 2014
According to the American Association of Colleges of Nursing, the United States is projected to experience a nurse shortage as a generation of Americans age and the need for healthcare increases. This shortage in nurses could potentially be a problem for healthcare employers, but thanks to a new policy memorandum recently issued by the U.S. Citizenship and Immigration Services on July 11, 2014, healthcare employers may have a solution: the H1-B Petition.

When to Come Out: The Challenges Facing Gay CEOs

Knowledge@Wharton (Reg Required) • July 29, 2014
Being gay or lesbian in America in the past half decade has meant watching barriers fall in some surprising quarters. Institutions as seemingly unyielding as marriage, the military and professional sports have opened their doors to a degree unimaginable just a few years ago.

Employer May Determine Workweek for Payroll Purposes under FLSA, Federal Court Rules

Jackson Lewis P.C. • July 29, 2014
Under the Fair Labor Standards Act, an employer may use a Monday-through-Sunday “workweek” to calculate overtime pay for employees with work schedules of Thursdays through Wednesdays, the federal appellate court in New Orleans has ruled. Johnson v. Heckmann Water Res. (CVR), Inc., No. 13-40824, 2014 U.S. App. LEXIS 13501 (5th Cir. July 14, 2014).

Recent Board Decision Highlights Serious Threat to Employers

Jones Walker • July 29, 2014
Several years ago in a case entitled Specialty Healthcare, the National Labor Relations Board ("NLRB") changed a decades-long standard with regard to how a union can organize employees. Prior to Specialty Healthcare, unions typically had to organize "wall-to-wall," meaning that if they wanted to go after a particular facility, they had to organize all production and maintenance employees at the facility. Naturally, the larger the unit, the more difficult it was for the union to organize.

Another Increase in the Rhode Island Minimum Wage to $9/Hour

Ogletree Deakins • July 28, 2014
On July 3, 2014, Rhode Island Governor Lincoln Chafee signed into law a measure that will raise the state’s minimum wage to $9.00 per hour, effective January 1, 2015. The legislation, which will increase the state’s minimum wage for the third time in as many years, was approved by the Rhode Island General Assembly and sent to the governor just before the close of the legislative session last month. Altogether, 10 states and the District of Columbia have passed minimum wage increases during their legislative sessions this year.

Pot Pourri of Recent Cases I missed

Shaw Valenza LLP • July 24, 2014
There have been so many recent employment law decisions that I can't long-form blog them all. So, here's a quick roundup of three recent, significant rulings -

Illinois Embraces "Ban The Box"

Fisher & Phillips LLP • July 24, 2014
On July 19, 2014, Illinois joined a growing number of states prohibiting employers from asking about applicants’ criminal histories early in the hiring process.
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