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Status of International Entrepreneur Rule on Tenuous Ground, But USCIS To Begin Accepting Applications

Jackson Lewis P.C. • December 17, 2017
The DHS is giving with one hand and taking with the other. In response to the December 1, 2017 federal court ruling in National Venture Capital v. Duke, the DHS is complying and implementing the International Entrepreneur Rule parole program (IER). At the same time, the DHS is in the final stages of publishing a notice of proposed rulemaking to eliminate the program.

Board Overrules Specialty Healthcare

Jackson Lewis P.C. • December 17, 2017
In a stunning development, the National Labor Relations Board has overruled Specialty Healthcare, the so-called “micro-unit” decision and replaced the “overwhelming community-of-interest” standard adopted there with the traditional “community-of-interest” standard for determining an appropriate bargaining unit in union representation cases. PCC Structurals, Inc., 365 NLRB No. 160 (December 15, 2017).

Salary-Threshold Proposal Apparently Months Away

Fisher Phillips • December 17, 2017
A recent U.S. Department of Labor regulatory status report indicates that no proposal to change the 2016 compensation revisions affecting the federal Fair Labor Standards Act's so-called "white collar" exemptions will be forthcoming for at least ten months.

NLRB Reinstates Reasonableness Settlement Standard in its First Reversal Under Trump Administration

Fisher Phillips • December 17, 2017
On December 11, 2017, the NLRB ruled that an ALJ in Pittsburgh properly accepted a partial settlement offered by University of Pittsburgh Medical Center (UPMC) despite objections from the agency’s general counsel and the charging party. The decision swiftly reverses Obama-era policy and restores the “reasonableness” settlement standard.

Review, Revise or Rescind – Agency Plans and Unified Agenda Reveal More Regulatory Editing is in Store for 2018

Littler Mendelson, P.C. • December 17, 2017
The Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda"), released on December 14, 2017, indicates agencies are taking a hard look at existing rules, and treading lightly with new ones. The fall regulatory agenda outlines each agency's rulemaking efforts at any stage in the process—from requests for information to final regulations—and gives estimated timelines for completion. This information provides insight into an agency's priorities and what employers can expect in the coming months.

eLABORate: NLRB Restores pre-Browning-Ferris Standard for Joint Employers

Phelps Dunbar LLP • December 17, 2017
The newly composed, Republican-majority NLRB has restored the more employer-friendly test for determining joint employer status. As part of a trend we predicted earlier this week, the decision overrules the Obama-Era Board’s 2015 decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB No. 186 (2015). As a result, “direct and immediate control” is once again a prerequisite for finding joint employers.

Unwrapping Late Year NLRB Decisions – Next Steps For Your Organization to Consider

Jackson Lewis P.C. • December 17, 2017
Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten him to the punch. Over the course of two days (December 14 and 15), the Board repudiated three of the Obama Board’s most vexing decisions – on joint employer status (Browning-Ferris industries / HY-Brand Industrial Contractors), micro-bargaining units (Specialty Healthcare / PCC Structurals) and employer workplace rules and policies (Lutheran Heritage-Livonia / The Boeing Company).

Gale Force Winds of Change: National Labor Relations Board Reverses Course on Workplace Rules and Joint Employer Standards

Franczek Radelet P.C • December 17, 2017
Just two days ago, we noted that the winds of change are blowing at the NLRB. Yesterday, those winds picked up considerable force as the newly-constituted NLRB dismantled two earlier cases that were the subject of extensive employer criticism.

NLRB Reverses Joint Employer Standard

FordHarrison LLP • December 17, 2017
Executive Summary: The National Labor Relations Board (“NLRB” or “Board”) has reversed the controversial joint employer standard created by the Obama Board in the Browning-Ferris Industries of California, Inc. ("BFI") decision, restoring the traditional joint employer test that was in place for decades prior to BFI. On December 14, 2017, the NLRB issued its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017) (“Hy-Brand”) in which a 3-2 majority overturned the controversial BFI decision.

Puerto Rico Department of the Treasury issues Q&As Clarifying Guidance on Qualified Payments Made for Hurricane María Disaster Assistance

Littler Mendelson, P.C. • December 17, 2017
As previously discussed, on October 4, 2017, the Puerto Rico Department of the Treasury (the “PR Treasury”) issued Administrative Determination No. 17-21 (“AD 17-21”) granting temporary income tax exemption for payments considered “Qualified Payments made for Disaster Assistance” related to the recent hurricane. To clarify various aspects of AD 17-21, the PR Treasury issued a series of questions and answers (Q&As). The following is a summary of the clarification provided in the Q&As.
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