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Business Immigration Zone (BIZ): Employers Get Ready - The 2018 H-1B Season Is Here

Phelps Dunbar LLP • January 18, 2018
The April 1, 2018, deadline for H-1B visa petitions will be here soon. If last year is any indication, employers have to prepare H-1B petitions now because this year’s H-1B cap will likely be reached by April 8, 2018. Employers should focus their attention on evaluating and determining their labor needs in the upcoming months with the anticipation of a limited supply of H-1B visas.

Top Five Labor Law Developments for December 2017

Jackson Lewis P.C. • January 18, 2018
In Hy-Brand Industrial Contractors, 365 NLRB No. 156 (Dec. 14, 2017), the National Labor Relations Board overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015), an Obama-era decision that held two entities are joint employers under the National Labor Relations Act where the second employer exercises indirect control over another entity’s employees or where the second employer has reserved a right of control, even if unexercised. In Hy-Brand, the Board reversed course, returning to prior precedent finding joint employer status only where the second entity actually has exercised control over the other entity’s employees and has done so “directly and immediately.”

As Marijuana Shops Thrive, California Employers Revisit Drug Policies

Ogletree Deakins • January 18, 2018
News accounts report that thousands of Californians celebrated the first day of 2018 by exercising their new right to legally purchase marijuana for recreational use. Recreational marijuana shops were overwhelmed by long lines of customers.

Pennsylvania’s Proposed “Freedom to Work Act” Aims to Join California in Banning Non-Compete Agreements

Fisher Phillips • January 18, 2018
Late last year, Pennsylvania legislators introduced House Bill 1938, the “Freedom to Work Act” (the “Act”), an outright ban on “covenant[s] not to compete” in Pennsylvania. Under the Act, “a covenant not to compete is illegal, unenforceable and void as matter of law.”

Connecticut Supreme Court: Health Care Providers Can Be Sued for Unauthorized Disclosures of Confidential Information

Jackson Lewis P.C. • January 18, 2018
Physician practices and other health care providers respond to numerous requests for confidential patient information from patients and others. Mistakes made by employees fulfilling such requests for medical records or making similar disclosures can expose the practice to civil litigation.

Maryland's Healthy Working Families Act Requires Employers in the State to Provide Sick/Safe Leave

FordHarrison LLP • January 18, 2018
Executive Summary: On January 12, 2018, the Maryland Legislature overrode Governor Hogan’s 2017 veto of the Maryland Healthy Working Families Act (the “Act”). As a result, Maryland employers with 15 or more employees are now required to provide for up to 40 hours of paid sick leave on annual basis to eligible employees, and employers with 14 or fewer employees must provide up to 40 hours of unpaid sick/safe leave on an annual basis to eligible employees. In addition to the sick leave requirement, the Act imposes notification and recordkeeping requirements and sets out a significant enforcement scheme that includes the potential imposition of treble damage penalties for violations.
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