On August 23, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it had reached its H-1B cap selections for fiscal year (FY) 2023. USCIS confirmed that it has sent nonselection notifications to registrant employers and their representatives.
Archives for August 24, 2022
Nevada High Court Rules Recreational Marijuana Is Not ‘Lawful Off-Duty Conduct’
In a decision issued on August 11, 2022, the Nevada Supreme Court declined to recognize recreational marijuana use as a “lawful” activity for purposes of the state’s law providing employment protections for “lawful activities” or “lawful off-duty conduct” outside of work.
Oregon Equal Pay Act’s Temporary Exclusion of Hiring and Retention Bonuses Set to Expire on September 28, 2022
On September 28, 2022, amendments to Oregon’s Equal Pay Act excluding hiring and retention bonuses from the definition of “compensation” are set to expire.
The Latest in Multi-Jurisdictional Compliance for Using E-Signatures
Electronic signatures or e-signatures are an increasingly essential tool in today’s technology-dependent workplace, especially for employers that are hiring remote workers. While state and federal law generally recognizes e-signatures to be as valid as traditional written or “wet” signatures, there are certain disclosures and processes that are required that may
Beltway Buzz, August 19, 2022
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.
OFCCP Issues 30-Day FOIA Notice to Contractors and Subcontractors
On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued unpublished notice of a broad Freedom of Information Act (FOIA) that impacts the federal contracting community.
Farm Animal Enclosure Construction Worker Not Penned In by FLSA’s Agricultural Exemption, 7th Circuit Holds
The mere fact that the plaintiff was building livestock enclosures on farms did not necessarily preclude his entitlement to overtime pay under the agricultural exemption of the Fair Labor Standards Act (FLSA), the Seventh Circuit Court of Appeals has held. Therefore, the district court improperly dismissed the plaintiff’s complaint. Vanegas
Why You Should Hire “Unqualified” Candidates
You are not a perfect boss, and you don’t run a perfect company.
It may be your baby, and you would like to think it’s perfect (just as all parents believe their babies are the most beautiful baby ever), but the reality is, your company is just
God’s Favorite Idiot (in the Workplace?)
In God’s Favorite Idiot, Netflix is putting a new spin on the workplace comedy. The show begins with a seemingly normal mid-level tech employee, Clark (Ben Falcone) getting struck by lighting while searching for his cat. Clark is surprisingly okay and blissfully unaware that strange things are happening around him—stop
OFCCP Launching Another Online Portal, This Time for Construction Contractors
On August 22, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced it will launch a new online platform whereby “contracting officers, contractors, and applicants seeking federal assistance for construction projects (such as a state [Department of Transportation])” can securely upload details about an awarded federal or federally-assisted construction
Key Considerations for California Employers When Drafting a Remote Work Agreement
More than two years have passed since the start of the pandemic, and many workers continue to work from home in some capacity. In fact, companies are offering remote positions as a hiring incentive to increase their job candidate pools. Before agreeing to remote work arrangements with new hires or
DHS Proposes Rule Updating I-9 Verification Requirements
On August 18, 2022, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register that would grant it broader authority to permit alternative document inspection procedures for I-9 document verification in lieu of the physical inspection requirement.
Florida’s Stop Woke Law Is Sedated—Judge Blocks Law Limiting Workplace Bias Trainings
On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of a Florida’s H.B. 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring employees to undergo a training “that espouses, promotes, advances, inculcates, or compels” employees to believe any of
‘It’s Déjà Vu All Over Again’: the District of Columbia’s Ban on Non-Compete Agreements Takes Effect on October 1, 2022
After more than two years of delay and amendment, the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020, which was introduced in the pre-pandemic days of 2020, will finally take legal effect on October 1, 2022. Efforts to amend the 2020 act culminated in the Non-Compete Clarification