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Author Archives: Kristen Zech

New H-1B Regulations Favor Highly-Paid Workers

by Kristin A. Zech | January 11, 2021 | Employment & Labor Law , Immigration Law

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 require the worker to have at least a bachelor’s degree (or…

Suspension on Entry of Individuals on Employment-Based Immigrant and Non-Immigrant Visas Continued to March 31, 2021

by Kristin A. Zech | January 4, 2021 | Employment & Labor Law , Immigration Law

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 visa classifications through March 31, 2021.  The initial proclamation, Proclamation 10014 on April 22, 2020,…

DHS Issues Temporary Policy for Form I-9 under COVID-19 Update

by Kristin A. Zech | November 20, 2020 | Employment & Labor Law , Immigration Law

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 for a remote workforce and the difficulty some employees may currently…

“Free from Intrusion”: Enforcing the ACA’s Workplace Lactation Requirements

by Kristin A. Zech | November 19, 2020 | Employment & Labor Law

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 view and free from intrusion from coworkers…

Amazon is Not a Public Nuisance: Employer Liability in the Face of Community Spread

by Kristin A. Zech | November 4, 2020 | Employment & Labor Law

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 clarified an employer’s legal obligations in this pandemic.  In…

Independent Contractors vs. Employees: Misclassification Gets a Lyft

by Kristin A. Zech | October 26, 2020 | Employment & Labor Law

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 injunction entered by the San Francisco Superior Court prohibiting Uber…

Latest Presidential Proclamation Frustrates Employment-Based Non-Immigrant Visas

by Kristin A. Zech | June 26, 2020 | Immigration Law

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 specifically targets individuals (and their families) seeking to enter the…

Employers Cannot Categorically Reject Applicants Without Permanent Work Authorization

by Kristin A. Zech | June 16, 2020 | Employment & Labor Law , Immigration Law

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 for the Southern District of Florida recently denied Proctor &…

Considerations for Businesses Employing Foreign Nationals Amid COVID-19

by Kristin A. Zech | April 20, 2020 | Employment & Labor Law

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.  However, for businesses employing foreign nationals, “pausing” the employment relationship…

Immigration Relief for Liberian Citizens Living in the United States 

by Kristin A. Zech | January 7, 2020 | Employment & Labor Law

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 States since November 20, 2014 –…