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USCIS Releases Policy Memo on L-1 Visa Work Requirement

Jackson Lewis P.C. • December 12, 2018
USCIS has released a policy memorandum clarifying the “one continuous year out of three years” L-1 requirement refers to the time before the individual’s filing.

Labor Board Further Extends Deadline for Submitting Comments on Proposed Joint-Employer Rulemaking

Jackson Lewis P.C. • December 12, 2018
The National Labor Relations Board has once again extended the deadline for submitting comments regarding its proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act, this time to January 14, 2019. Replies to comments submitted during the initial comment period must be received by the Board on or before January 22, 2019.

No Snow Days for Wage and Hour Issues

Ogletree Deakins • December 12, 2018
With winter on the way, it is a good time for employers to review the relevant wage and hour laws that can be triggered by inclement weather. Likewise, it is also a good time for employers to ensure their policies comply with these laws when weather causes a temporary workplace interruption.

Tips For Planning Holiday Parties

Nexsen Pruet • December 12, 2018
Holiday parties are a great way to show appreciation to employees for dedication and hard work. But they can also expose employers to liability for harm caused by employees who become intoxicated during the festivities.

NY Federal Court Significantly Limits Scope of Equal Pay Case

Littler Mendelson, P.C. • December 12, 2018
For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. On November 30, 2018, the U.S. District Court for the Southern District of New York issued an opinion in Kassman v. KPMG LLP decidedly in favor of the employer, and laid out a structure for analyzing commonality in putative class actions involving manager discretion over pay and promotions.

App-roaching the Bench: Providing Legal Services Through Technology

Littler Mendelson, P.C. • December 12, 2018
In this day and age, virtually every service provider has adopted some form of technology to assist clients and customers. Why should the delivery of legal services be any different? Scott Rechtschaffen, Chief Knowledge Officer at Littler Mendelson, and Kevin Mulcahy, Vice President of Education and Community Programs at Neota Logic, recently served as adjunct professors at Cornell Law School to teach students how law firms and tech companies are bridging the law-technology gap. The course, taught at Cornell Tech in New York City, culminated in a contest where students were able to showcase innovative ways to provide legal assistance through new platforms and applications. In this podcast, Scott, Kevin, and students reflect on the course and the evolution of legal services.

Home Care Agencies Sued for Illegal Use of Captive Insurance Company

FordHarrison LLP • December 12, 2018
Executive Summary. Class action attorneys recently filed a first-of-its-kind class action against Edison Home Health Care (“Edison”) and Preferred Home Care of New York (“Preferred”) alleging that the home care agencies used a “captive” insurance company to cheat their home care workers out of millions of Wage Parity Act (“WPA”) dollars. This is the first lawsuit targeting use of captive insurance companies to provide health benefits and was brought under ERISA, the federal statute governing employee benefit plans, as well as the WPA. The suit claims that the agencies used a captive insurer to avoid paying their Medicaid funded home care workers the full $4.09 WPA package of additional wages and benefits (“WPA Package”) and, instead, returned WPA-credited benefit dollars to the agencies and their owners. No prior lawsuit has targeted use of captive insurance companies in this way, and the progress of this lawsuit will be closely watched.

New York Agency Renews Effort to Promulgate State-Wide Predictable Scheduling

Littler Mendelson, P.C. • December 12, 2018
On December 7, 2018, the New York Department of Labor (NYDOL) proposed a new set of “predictable scheduling” regulations in an effort to discourage on-call shifts and require employers to pay employees for cancelled shifts.1 With this new proposal, employers have another opportunity to comment on the regulations before they are finalized.

New York State Department of Labor Issues Revised Proposed ‘Predictive Scheduling’ Regulations

Jackson Lewis P.C. • December 12, 2018
The New York State Department of Labor (NYSDOL) has issued sweeping proposed regulations addressing worker scheduling practices that will affect most employers in the state (though employers covered by the Hospitality Wage Order — hotels and restaurants — are not covered by the current proposed regulations).
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