Industry News

Employers are now experiencing a surge of novel legal claims brought by current and former employees relating directly and indirectly to the pandemic. As a result, employers must consider the potential for such claims as they take personnel actions and implement other decisions affecting their employees in this current environment.

The pervasiveness of social media usage over the last decade has provided benefits to individuals, but added increased dangers for employers.

According to statistical figures from the federal courts, civil litigants filed approximately 7,700 Fair Labor Standards Act (“FLSA”) cases during calendar year 2018. For comparison purposes, just 4,000 FLSA cases were filed in 2005, the first time the FLSA case load ever reached 4,000 cases in a year.

The 2019 H1B Quota Season is in full stride. Those with experience filing H1B petitions will know that the time to get materials assembled for quota cases is here. For those employers and foreign nationals who are new to the process, now is the time to evaluate your situations and assemble your files. Here are some basic tips:

It is now about six weeks away from the beginning of the H1B quota period. I know that many people are still in the process of assembling their H1B materials and there are still other employers and foreign nationals who are considering which firm or attorney to use to guide them through the process. Arguably collecting the necessary documentation and information for the H1B petition can be simpler than choosing your immigration counsel.

It is now about six weeks away from the beginning of the H1B quota period. I know that many people are still in the process of assembling their H1B materials and there are still other employers and foreign nationals who are considering which firm or attorney to use to guide them through the process. Arguably collecting the necessary documentation and information for the H1B petition can be simpler than choosing your immigration counsel.

Deciding to use premium processing is not always a clear-cut decision for employers, but it is a relatively straight-forward one for the foreign national beneficiary. My employer clients typically weigh the options before agreeing to pay for premium processing. Conversely, my employee clients believe that everyone of their cases requires premium processing.

During the H1B quota season, I am often asked “are you going to file for the Cap-Gap?” When I explain that there is not a specific form to complete for the H1B Cap-Gap, a litany of questions ensues. Here are a few of the most common ones:

Late last year, the U.S. Departments of Labor (“DOL”) and Justice (“DOJ”) entered into a memorandum of understanding (“MOU”) for the coordination of matters pertaining to worker safety, the violation of which could lead to criminal prosecution by the DOJ.

The 2016 H1B Quota Season is in its early phase. Those with experience filing H1B petitions will know that the time to assemble materials for quota cases is fast approaching. For those employers and foreign nationals who are new to the process, now is the time to evaluate your situations and assemble your files. Here are some basic tips:

Legal developments often bear resemblance to theatrical plays – with multiple acts and scenes before the whole story is told. Such is the course of developments in the wellness plan arena.

The National Labor Relations Board (“NLRB”) has continued its trend of restricting commonplace employment policies and ended 2015 by striking down two more policies it considers overbroad and ambiguous.

New Years Predictions: State and Local Minimum Wage Increases & New Federal Overtime Rules Are On The Way; Wage And Hour Litigation Continues to Rise; And We’ll Join A Gym In January, But Will Forget Where It Is By February

A wise friend once said: “Having your own business is like having a sick child. You never stop looking in.” Business people know that’s also true of a business of their own as well as one that has been entrusted to them to manage.

After many months of debate, there remains uncertainty over whether Congress will enact a federal Trade Secrets Act bringing uniformity to an area that has historically been governed by state law.