On January 8, 2021, the U.S. Department of Homeland Security published its final rule modifying the process by which cap-subject H-1B visas will be allotted. The H-1B is an employment-based nonimmigrant visa for workers in specialty occupations, which typically...
Suspension on Entry of Individuals on Employment-Based Immigrant and Non-Immigrant Visas Continued to March 31, 2021
Update to Blog Posted on June 26, 2020: Latest Presidential Proclamation Frustrates Employment-Based Non-Immigrant Visas On December 31, 2020, President Trump extended the restrictions on entry of individuals in certain employment-based immigrant and non-immigrant...
DHS Issues Temporary Policy for Form I-9 under COVID-19 Update
UPDATE: DHS recently extended its temporary policy permitting flexibility in certain I-9 requirements to December 31, 2020. The policy, issued earlier this year in response to the COVID-19 pandemic, affords employers some flexibility in completing Form I-9 to account...
“Free from Intrusion”: Enforcing the ACA’s Workplace Lactation Requirements
In 2010, the Affordable Care Act (“ACA”) changed the workplace landscape for certain lactating women by mandating that employers provide “reasonable break time for an employee to express breast milk” as well as “a place, other than a bathroom, that is shielded from...
Amazon is Not a Public Nuisance: Employer Liability in the Face of Community Spread
Without a doubt, COVID-19 has presented a challenge for employers trying to maintain business operations while protecting their workforce from an invisible and evolving enemy. A recent decision from the U.S. District Court for the Eastern District of New York has...
Independent Contractors vs. Employees: Misclassification Gets a Lyft
A recent decision from California serves as a reminder to companies that proper classification of employees and independent contractors is critical. In The People v. Uber Technologies, Inc., et al., the California Court of Appeal, First District, upheld a preliminary...
Latest Presidential Proclamation Frustrates Employment-Based Non-Immigrant Visas
On June 22, 2020, the President issued the latest in a series of immigration-related presidential decrees. This most recent proclamation further frustrates legal immigration under the guise of protecting a U.S. labor market reeling from COVID-19. The decree...
Employers Cannot Categorically Reject Applicants Without Permanent Work Authorization
While a long-term workforce may be laudable, an employer cannot use this goal to justify its refusal to hire individuals without permanent work authorization. In Rodriguez v. The Proctor & Gamble Company (Case No. 17-22652-CIV-Williams), the U.S. District Court...
Considerations for Businesses Employing Foreign Nationals Amid COVID-19
The spread of the novel coronavirus and COVID-19 has precipitated an unprecedented interruption to the United States, as many residents are forced to stay home, and businesses required to temporarily shutter their doors, or operate with a scaled-back workforce. ...
Immigration Relief for Liberian Citizens Living in the United States
For one year only, certain Liberians living in the United States may have a path to permanent residence. Under the Liberian Refugee Immigration Fairness (LRIF) Act, enacted on December 20, 2019, a national of Liberia who has been continuously present in the United...