Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held, overturning precedent. Hamilton v. Dallas County, No. 21-10133, 2023 U.S. App. LEXIS 21780 (Aug. 18, 2023).
Tia Martarella discusses a Fourth Circuit case in which the court will hear arguments challenging lower court decisions finding that state-run health plans coverage exclusions for gender dysphoria treatments amount to unlawful discrimination in “States’ Rights, Trans Protections to Collide At 4th Circ.” published by Law360.
On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers. Specifically, Section 203-f of the Labor Law renders unenforceable provisions in employment agreements that require employees to assign certain
Warehouse, processing, and distribution facilities serve a crucial role in many retailers’ supply chains (especially those relying primarily on e-commerce), as such facilities provide space for inventory storage and assist with order fulfillments.
Douglas Klein was named to PoliticsNY and amNewYork’s 2023 Power Players Rising list, which recognizes New York’s cross-industry trailblazers.
By September 30, 2023, Congress will again have to fund the government. Despite ongoing efforts by the administration and Congress, indications are that a shutdown may occur at the beginning of the fiscal year, on October 1. Should a shutdown occur, it will affect a number of immigration- and visa-related agencies and processes.
Timothy Dominick and Christopher Valentino discuss the implications of changes to New York State’s Pay Transparency Law requiring all postings for jobs to include a salary or salary range in “New York Pay Transparency Law Goes into Effect Sunday” published by Long Island Business News.
After the United Auto Workers’ (UAW) labor contracts with the “Detroit Three” automakers expired on September 14, 2023, and the parties were not able to agree on new contract terms, the UAW began striking at targeted plants at midnight on September 15, 2023. Manufacturing and other companies within the automotive supplier network bracing for a resulting downturn in orders may be looking to implement potentially long-term loss mitigation strategies such as furlough, pay cuts, altered schedules, and even layoffs. Employers of foreign workers must consider how these actions affect their compliance with federal immigration rules.
This is the first of a two-part series on the three factors to consider when evaluating the possible impact a job change could have on a certified PERM labor certification and a foreign national’s green card process.
Typically, unless the foreign worker qualifies for an exception, employers sponsoring a foreign
U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual (PM) to provide guidance to USCIS officers on evaluating eligibility criteria for the EB-1A (extraordinary ability) and EB-1B (outstanding professor or researcher) employment-based immigrant visa classifications.
The EB-1 immigrant visa classifications are important methods for employers to sponsor outstanding
When the California Privacy Rights Act (CPRA) was enacted, it created the California Privacy Protection Agency (CPPA) and delegated to the CPPA significant regulatory authority. One of the areas of that authority is cybersecurity, which includes performing cybersecurity audits annually. On September 8, 2023, the CPPA considered a draft set
Illinois has enacted broad protections for freelance workers. The Freelance Worker Protection Act (FWPA) requires entities contracting with freelance workers to provide written contracts and timely compensation and authorizes administrative and civil actions for violations. The FWPA takes effect on July 1, 2024.
As the United States carries out projects funded by the Infrastructure Investment and Jobs Act, the Inflation Reduction Act, and the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act, the manufacturing industry must prepare to face staffing challenges in meeting future demand. Immigration can help address the demand. Please see
On September 11, 2023, the coalition of California businesses announced its agreement with labor unions to withdraw their referendum challenging Assembly Bill (AB) 257, which created the FAST Recovery Act, from next year’s ballot.
Last year, Governor Newsom signed AB 257. The Act established a Fast Food Council comprising fast