The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Archives for February 4, 2022
H-1B Cap Quickly Approaching for FY 2023
While H-1B cap efforts remain underway for fiscal year (FY) 2022, employers may want to push forward now with preparations for FY 2023 H-1B cap season. (According to U.S. Citizenship and Immigration Services (USCIS), the petition filing period for registrations that were selected on November 19, 2021, is currently open
Oregon Health Authority Adopts COVID-19 Vaccination and Masking Rules in Healthcare and K-12 Education
On January 31, 2022, the Oregon Health Authority (OHA) published permanent rules relating to COVID-19 vaccination and masking requirements in healthcare settings, just a few days after issuing similar rules for K-12 schools. The permanent rules replaced temporary rules that expire after 180 days.
Work Authorization for Spouses Possible If Specifically Designated in I-94 Record at Border
As of January 31, 2022, spouses entering the United States in L-2 or E status may be able to obtain work authorization at the border by asking Customs and Border Protection (CBP) to give them a “spousal” designation in their I-94 record. Because USCIS has not issued “official” guidance on
New York State’s Expanded Whistleblower Protection Law: 5 Action Items for Employers
On January 26, 2022, amendments to New York’s whistleblower protection law, codified at section 740 of the New York Labor Law (NYLL), took effect. As we previously reported, these amendments significantly expand the scope of section 740. Although New York employers that also operate in states with expansive private-sector whistleblower
SHRM Opposes Return to Standard that Resulted in Small Bargaining Units
A. John Harper III discusses small bargaining units, called “micro-units,” and The Boeing Corp. decision, in which the NLRB held that unit determinations are a three-step process.
SHRM Online
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Court shifts vaccine choice back to employers
Jim Paretti explains that, despite the recent Supreme Court ruling that halted the Biden’s administration’s vaccine-or-testing mandate, employers still can require vaccines for employees. Edward Ellis adds that COVID-19-related whistleblowing cases in which an employee contends management is not providing a safe workplace have skyrocketed.
Business Insurance
$15 Minimum Wage For State Employees Gaining Traction
As many states are raising the minimum wage for state employees, Shannon Meade explains that minimum wage increases will differ based on where the employees are located.
Law360 Employment Authority
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Home-Based Care Workers ‘More Comfortable’ Bringing Lawsuits Against Current, Former Employers
Amber Spataro and Joshua Vaughn warn home-based care agencies about increasing EEOC complaints and lawsuits and what they can do to mitigate the risks.
Home Health Care News
Arbitrator upholds mandatory vaccination policy agreeing with the 'weight of authority'
Rhonda B. Levy and Douglas Sanderson dissect a case in which the arbitrator denied a union’s grievance over an employer’s policy that required its employees to be fully vaccinated against COVID-19 and to disclose their vaccine status.
Human Resources Director Canada
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Breaking the Ice: Advocacy began early for employment lawyer
Expedited Renewal Processing for Foreign Nationals in Healthcare
The onset and persistence of the COVID-19 pandemic has only exacerbated the shortage of healthcare workers in the United States, especially in rural areas. Periodic spikes in infection levels has sped burn-out among healthcare workers. There are many foreign nationals who can and do fill these healthcare roles including those
Oregon OSHA to Promulgate Rules Addressing Employee Exposure to Wildfire Smoke
From 2020 through 2021, wildfires burned more than 1.5 million acres of land in Oregon. To put things in perspective, the area that burned was approximately seven times the size of New York City. Wildfire smoke can contain hazardous small particles that can penetrate deep into the lungs, causing a
Chipotle Makes a Mistake Limiting Employee Tips
When bad weather strikes, your desire to go out drops, but it doesn’t decrease the craving for burritos, or at least that was the case for Twitter user RonBeehive.
Like many of us (at least I hope), RonBeehive wanted to give a driver, willing to come out in bad
Recent Diversity Requirements In Financial Services
By Philip M. Berkowitz and Britney Torres | January 13, 2022