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President Signs Executive Order Seeking H-1B Visa Program Review

XpertHR • April 24, 2017
President Donald J. Trump has signed an Executive Order on Buy American and Hire American, establishing as the policy of the executive branch to promote American business and talent. The Order does not have any immediate impact on existing federal policies or regulations.

State Laws Aim to Minimize Joint Employment Liability for Franchisors

XpertHR • April 24, 2017
Drive down seemingly any major street in suburbia, and you are bound to see a McDonald’s, Dunkin Donuts, Subway or 7- Eleven. Franchises are everywhere and a business model for an employer seeking to have the independence of a small business owner backed by the brand recognition of a large well known company and its products to sell. However, franchises often present unique questions with respect to the employment relationship and defining who is an employee and who is an employer.

Expect Redesigned Green Cards from USCIS

Jackson Lewis P.C. • April 24, 2017
After May 1, 2017, be on the lookout for redesigned Green Cards and Employment Authorization Documents (EADs). The USCIS will start issuing newly styled cards on May 1 as part of the “Next Generation Secure Identification Document Project” to make cards highly secure and more tamper-resistant.

Dues Checkoffs May Be Valid in Wisconsin Despite Federal Court Ruling

Jackson Lewis P.C. • April 24, 2017
A Wisconsin federal court has invalidated a key provision in Wisconsin’s Right to Work law that gave employees the right to cancel deduction of union dues from their paychecks.

Court May Make Reasonable Inferences about Employee’s Exempt, Non-Exempt Activities

Jackson Lewis P.C. • April 24, 2017
A trier of fact can make reasonable inferences about employees’ duties to determine status for overtime pay under California labor law, the California Court of Appeal has ruled, affirming the trial court’s holding. Batze v. Safeway, Inc., No. B258732 (Cal. Ct. App. Apr. 4, 2017).

Philadelphia Pay Equity Ordinance Stayed . . . Temporarily

Ogletree Deakins • April 24, 2017
On April 6, 2017, the Chamber of Commerce for Greater Philadelphia filed suit in the United States District Court for the Eastern District of Pennsylvania, seeking to block Philadelphia’s recently-enacted wage equity ordinance. The ordinance, which prohibits employers from inquiring about prospective employees’ wage histories, was set to go into effect on May 23, 2017. On April 19, 2017, however, Judge Mitchell S. Goldberg issued an order temporarily staying the May 23 effective date pending resolution of the chamber’s motion for preliminary injunction. Judge Goldberg further ordered the parties to address whether the chamber has standing to bring suit.

District of Columbia Enacts the Universal Paid Leave Act

Littler Mendelson, P.C. • April 24, 2017
In late 2016, after more than a year of debate, the District of Columbia Council voted to create one of the most generous paid leave laws in the country. After making it through the congressional review period, the Universal Paid Leave Act of 2015 (“the Act”) became effective on April 7, 2017. The Act provides covered employees with 8 weeks of paid parental leave, 6 weeks of paid family leave, and 2 weeks of paid personal medical leave. The paid leave will be funded by a 0.62% increase in DC employer payroll taxes.
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