The restrictions on the issuance of H-1B, L-1, and J-1 nonimmigrant “guest-worker” visas, which have been in place since June 24, 2020, expired without fanfare on March 31, 2021. As a result, U.S. consulates around the world will resume issuing H-1B, L-1, and J-1 visas without the need for an
Archives for April 1, 2021
ICE Announces Extension for Temporary Flexibility for I-9 Compliance to May 31
ICE has announced that I-9 flexibility will be continued for another 60 days, until May 31, 2021. Here is ICE’s full announcement.
With this extension, ICE specifically noted that employees hired on or after April 1, 2021 who work exclusively in a remote setting due to COVID-19 related precautions will
DOL Guidance Clarifies Expiration of COVID-19 Deadline Extension for Employee Benefit Plans
The U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) published EBSA Disaster Relief Notice 2021-01 in the nick of time on February 26, 2021. EBSA Disaster Relief Notice 2021-01 was released just two days before the date that certain benefit plan deadline extensions were potentially expiring. The DOL
New York State Issues FAQs for Paid COVID-19 Vaccine Leave
On March 12, 2021, New York State enacted a law that requires all employers to provide their New York employees with up to four hours of paid time off per injection to receive a COVID-19 vaccine. At the time of enactment, the law did not provide guidance on certain key
USCIS Completes FY 2022 H-1B Selection Process
On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it had completed the initial H-1B regular cap and master’s cap selection process for fiscal year (FY) 2022. This is the second year that USCIS has used an electronic preregistration system to conduct the random selection lottery. According
For the Seventh Year in a Row, OFCCP Lowers VEVRAA Hiring Benchmark
On March 30, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) hiring benchmark for 2021 would be 5.6 percent. This is a 0.1 percent reduction from the 5.7 percent benchmark in 2020—making it the seventh reduction of
New York Legalizes Recreational Marijuana
New York Governor Andrew Cuomo signed legislation legalizing recreational marijuana on March 31, 2021. The legalized use of marijuana is effective immediately, even though retail sales of marijuana are not expected to begin until mid-2022. This change potentially immediately impacts a New York employer’s ability to take adverse actions against
Florida Legislature Imposes High Standard for Claims Against Businesses Based on Damages from COVID-19
On March 29, 2021, Governor Ron DeSantis signed into law Florida Statute 768.38, intended to protect businesses, governmental entities, schools and other persons and entities from COVID-19 lawsuits if they made a good-faith effort to follow guidelines to prevent the spread of the coronavirus.
Major NLRB Staffing Reductions Documented by U.S. Office of Congressional and Public Affairs
Earlier this week, the U.S. Government Accountability Office (GAO) released a report documenting the decrease in staffing that has occurred at the National Labor Relations Board over the past decade. Specifically, the report found that staff decreased 26 percent between fiscal year 2010 and 2019. Of note, these reductions occurred
Biden Unveils Infrastructure Plan with Heavy Focus on Organized Labor
On March 31, 2021, President Biden unveiled his $2 trillion infrastructure plan, the American Jobs Plan (AJP), which comes on the heels of the enactment of last month’s $1.9 trillion COVID-recovery legislation, the American Rescue Plan.
Recruitment and Staffing Agency Quandaries: Avoiding Claims of Reverse Discrimination in Hiring a Diverse Workforce
An effective way to increase diversity hiring is to require diverse candidate slates for interviewing. Such slates include at least two diverse or women candidates in the pool of finalists. Employers should take heed, however, because there are limits to which a recruiter or a staffing agency can go
What Employers Need to Know About the FFCRA Extensions in the American Rescue Plan Act of 2021
The American Rescue Plan Act of 2021 (ARPA) was signed into law on March 11, 2021 and contains important changes and expansions related to the two paid leave options provided under the Families First Coronavirus Response Act (FFCRA) – Emergency Paid Sick Leave (EPSL) and Emergency Family and Medical Leave
Federal Court Applies FAA Preemption in Refusing to Enforce New Jersey’s Ban on Mandatory Arbitration of Discrimination, Retaliation and Harassment Claims
As employers and employees alike continue to monitor and watch the landscape of alternative dispute resolution as a viable option (or not) in New Jersey, an important federal court decision was recently handed down. On March 25, 2021, the U.S.
3 Effective Ways To Advocate For Yourself In The Workplace
The term self advocacy is thrown around frequently, but the practical and necessary tools to get there are rarely discussed.
Unions demand Biden cancel student debt for public service workers
The unions say the relief is needed because the Education Department’s existing Public Service Loan Forgiveness program has been plagued by problems and mismanagement.
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