As we start to return to normal, many businesses are eager to start the recovery process after surviving 2020. However, many businesses are also keeping in mind the safety of their employees and their customers as capacity limits are eased. Recently, some businesses...
New H-1B Regulations Favor Highly-Paid Workers
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...
The District of Columbia Passes New Ban on Non-Competes
On December 17, 2020, the Council of the District of Columbia unanimously passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”). The Act for the first time in D.C. will make void and unenforceable non-compete agreements that are entered into after...
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...
Is My Company a Public Nuisance?: Community Threat in the COVID Age
A number of Chicago-area McDonald’s employees and their live-in family members have filed a lawsuit against McDonald’s corporation and several franchisees, alleging that the restaurants’ unsafe working conditions during the coronavirus pandemic create a public health...
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...