On February 24, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it reached the H-2B cap for the second half of fiscal year (FY) 2021. The cap was officially reached on February 12, 2021.
‘No Harm, No Foul,’ Says the Seventh Circuit in an FMLA Interference Case
The Seventh Circuit Court of Appeals recently affirmed summary judgment on behalf of an employer that was sued in an interference claim under the Family and Medical Leave Act (FMLA).
Second Draw Paycheck Protection Program Loans: Answers to Employers’ Frequently Asked Questions
The Consolidated Appropriations Act (CAA), 2021 includes a provision that modified and extended the Small Business Administration’s (SBA) Paycheck Protection Program (PPP). Specifically, Section 311 of the Additional Coronavirus Response and Relief provisions of the CAA provides for PPP second draw loans for eligible businesses. Employers seeking a PPP loan
Beltway Buzz, February 26, 2021
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.
California Employers Can Seek One-Month Extension for Reporting 2020 Pay Data, State Agency Says
On February 3, 2021, the California Department of Fair Employment and Housing (DFEH) updated its frequently asked questions (FAQs) to make clear that employers can seek an extension for reporting year 2020—known as a request for an “enforcement deferral period”—as to its newly enacted pay data reporting requirement that reports
USCIS Expands Premium Processing Services to Include E-3 Petitions for Australian Nationals in Specialty Occupations
On February 24, 2021, United States Citizenship and Immigration Services (USCIS) announced it would expand premium processing services to include change of status or extension of status petitions for E-3 nonimmigrant visa classification. This expanded premium processing option went into effect immediately.
Equality Act Reintroduced to U.S. Congress
On February 18, 2021, U.S. Representative David Cicilline (D-RI) reintroduced the Equality Act (H.R. 5), a bill that would amend federal law (including Title VII of the Civil Rights Act of 1964) to prohibit discrimination on the basis of sexual orientation and gender identity. Although the U.S. House of Representatives
Employee Benefit Plan COVID-19 Deadline Extensions May Expire as Early as February 28
Employers are facing uncertainty as to the expiration of the COVID-19 relief the U.S. Department of Labor (DOL) and Internal Revenue Service (IRS) issued in a joint guidance on May 4, 2020.
Company E-Sports Leagues Present New Twist on Traditional Employment Law Issues
A growing trend among employers that are turning to new and updated methods of fostering employee collegiality and team bonding involves e-sports leagues. Similar to the traditional company softball team, e-sports leagues provide a modern method for employees to form teams that compete at video games against squads of workers
San Leandro, California Enacts ‘Hazard Pay’ Ordinance for Large-Chain Retail Food Workers, Including Retail Drug Stores
On February 16, 2021, the City Council of San Leandro, California, passed an ordinance titled “Retail Food Worker Hazard Pay Ordinance,” which establishes premium pay for retail food workers during the COVID-19 pandemic. San Leandro is an incorporated city located in Alameda County in the San Francisco Bay Area.
South Dakota Judge Nips Recreational Marijuana in the Bud: Holds Amendment A Unconstitutional
Last November, South Dakota voters approved Amendment A, which allowed for the recreational use of marijuana by individuals 21 years and older (and for possession of up to 1 ounce). On February 8, 2021, a South Dakota judge granted summary judgment in favor of law enforcement officers who filed a
Irvine Enacts ‘Hero Pay’ Ordinance for Large-Chain Grocery Store and Retail Drug Store Workers
On February 23, 2021, the City Council of Irvine, California, passed a hero pay ordinance entitling retail grocery store and drug store workers premium pay for hours worked during the COVID-19 pandemic.
Vaccine Volunteers: Is “Thank You” Sufficient Compensation?
The Fair Labor Standards Act (FLSA) requires employers to pay nonexempt employees at least minimum wage for all hours worked up to 40 hours in a workweek and time and one-half for all hours worked over 40 hours in the same workweek. An exception to this rule exists for volunteers,
OSHA Issues Proposed Rule to Update Its Hazard Communication Standard
Employers have been on the lookout for a temporary emergency standard for COVID-19 from the federal Occupational Safety and Health Administration (OSHA), but what they have thus far received is a proposed rule to update the agency’s Hazard Communication Standard.
Recreational Marijuana Is Legal in New Jersey: What Employers Need to Know
On February 22, 2021, New Jersey Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). Among other things, the 240-page measure legalizes the recreational use of marijuana for adults age 21 and older and—unfortunately for employers—places significant burdens on companies doing