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Home > Federal Law Articles

Articles on U.S. Labor, Employment, Benefits & Immigration Law

Dismantling Gender Walls in the Construction Industry

September 28, 2023 Filed Under: Construction Industry

Jackson Lewis

According to the national construction industry trade association Associated Builders and Contractors, construction labor demands are high. The construction business pays well and offers great opportunities for progression. The traditionally male-dominated industry has struggled, however, to convince women to join its workforce.

Federal Court Upholds DOL’s Authority to Set Minimum-Salary Test for White-Collar Exemption

September 28, 2023 Filed Under: Overtime Exemptions

Jackson Lewis

The U.S. Department of Labor (DOL) has statutory authority to impose a salary requirement to qualify for an exemption from overtime under the executive, administrative, and professional exemptions under the Fair Labor Standards Act (FLSA), a federal district court in Texas holds, granting summary judgment to the DOL. Mayfield v. U.S. Department of Labor, No. 1:22-cv-792 (W.D. Tex. Sept. 20, 2023).

The EU-US Data Privacy Framework: Transferring Personal Data Under the New Privacy Shield

September 27, 2023 Filed Under: Privacy And Surveillance

Jackson Lewis

Now that the European Commission has published the new EU-US Data Privacy Framework, it will be easier for organizations to transfer personal data from the EU to the United States.

USCIS Eliminates Biometrics Fees for I-539 Applications to Extend/Change Nonimmigrant Status

September 27, 2023 Filed Under: Visas

U.S. Citizenship and Immigration Services (USCIS) recently announced the elimination of the $85 biometric services fee for all Form I-539 applications to extend/change nonimmigrant status, beginning October 1, 2023.

New USCIS Guidance for EB-1 Persons of Extraordinary Ability and Outstanding Professors and Researchers

September 27, 2023 Filed Under: Visas

On September 12, 2023, U.S. Citizenship and Immigration Services (USCIS) updated its official policy manual chapters on employment-based first-preference (EB-1) immigrant petitions in the Extraordinary Ability and Outstanding Professor and Researcher classifications.

DOL Proposes Increasing Weekly Salary Threshold Needed to Qualify for White Collar FLSA Exemptions to $1,059

September 27, 2023 Filed Under: Overtime Exemptions

The post DOL Proposes Increasing Weekly Salary Threshold Needed to Qualify for White Collar FLSA Exemptions to $1,059 appeared first on Hirsch Roberts Weinstein LLP.

Potential Changes Coming to the H-1B Program

September 27, 2023 Filed Under: Visas

On September 19, 2023, U.S. Citizenship and Immigration Services (USCIS) submitted proposed regulations for federal review entitled “Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program.” These proposed regulations, currently under review with the Office of Management and Budget (OMB), would amend governing rules regarding H-1B specialty

What is “Fairness”?

September 27, 2023 Filed Under: General (Race Discrimination)

In this episode, Jen explains the difference between “fairness” and “equality,” and why it matters.

IRS Places Moratorium on New Employee Retention Tax Credit Processing

September 26, 2023 Filed Under: General (Benefits)

On September 14, 2023, the Internal Revenue Service (IRS) released Employee Retention Credit (ERC) guidance placing a moratorium on processing new ERC claims due to a surge in questionable claim submissions.

DHS Proposes Modernization of H-2 Framework

September 26, 2023 Filed Under: Visas

On the heels of the U.S. Department of Labor’s announcing plans to revise its H-2A program, the U.S. Department of Homeland Security (DHS) is proposing amendments to its H-2A and H-2B regulations. The proposed changes would “ensure the integrity of the H-2 programs and enhance protections for workers.”

Littler AI in the Workplace Survey Report 2023

September 25, 2023 Filed Under: General (HR)

Littler

Employers are increasingly looking to reap benefits from both generative and predictive artificial intelligence (AI) technologies, including in human resources (HR) functions. Yet an evolving patchwork of AI regulation and the rampant pace of technological change place many at a crossroads.

How will the growing use of AI impact

The EEOC and the U.S. Department of Labor Wage and Hour Division Partner to Maximize Enforcement of Federal Employment Laws

September 25, 2023 Filed Under: EEOC

You Need to Calm Down

September 25, 2023 Filed Under: General (Benefits)

Jackson Lewis

On August 9, the IRS issued a news release, IR-2023-144, warning taxpayers and advisors of “numerous compliance issues” with ESOPs, such as “valuation issues with employee stock,” “prohibited allocation of shares to disqualified persons,” “failure to follow tax law requirements for ESOP loans causing the loan to be a prohibited

Beltway Buzz, September 22, 2023

September 24, 2023 Filed Under: General (Gov Agencies)

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.

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

September 24, 2023 Filed Under: General (Labor Law)

Jackson Lewis

In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both unionization and concerted employee actions affecting working conditions. Employers must review and assimilate these decisions before implementing new

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