Jackson Lewis P.C. (LexBlog United States)

5884 results for Jackson Lewis P.C. (LexBlog United States)

  • How to Calculate EAD Automatic Extensions

    Automatic Employment Authorization Document (EAD) extensions are confusing. Before you can figure out whether one of the various extensions applies, you need to identify the EAD category. Certain EAD applicants are entitled to 180-day automatic extensions if they have pending, timely filed EAD renewal applications. The code on the face of the expired EAD indicates eligibility....

  • U.S. Supreme Court Overturns Roe and Casey: What This Decision Means for Employers

    As many expected based on the draft opinion that was leaked months ago, the U.S. Supreme Court has held the U.S. Constitution does not protect the right to obtain an abortion. Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022). Dobbs overturns nearly 50 years of precedent from the Court’s decision in Roe v. Wade and Planned Parenthood Pennsylvania...

  • DOL, Recordkeeper Square Off in Confidentiality Disputes

    The DOL’s cybersecurity investigation into Alight Solutions, LLC, a retirement plan recordkeeper, has queued up court rulings on the reach of the DOL’s subpoena power that may have important implications for ERISA plan sponsors and their respective recordkeepers and service providers moving forward. First, the Seventh Circuit will weigh in on whether the district court...

  • Governor Rolls Back California COVID-19 Executive Orders & Cal/OSHA Releases Draft Permanent COVID-19 Standard

    On June 17, 2022, Governor Newsom issued an executive order terminating certain provisions of prior executive orders related to Cal/OSHA’s COVID-19 Emergency Temporary Standards (ETS). Some of the terminated orders were no longer necessary due to changes in the ETS. For example, previously the Governor had issued an executive order stating exclusion periods could not be longer...

  • Beat the Heat: Nevada’s Response to OSHA’S Heat Illness National Emphasis Program Focuses on Prevention and Inspections

    Federal OSHA previously announced the creation of the Heat Illness National Emphasis Program (NEP) and signaled its intent to take a more proactive approach to prevent heat related illnesses. Now various states, including Nevada, are moving to adopt their own regulations regarding heat related illnesses. Understanding Nevada’s response to the NEP will help your business...

  • DHS May Make Employers’ Virtual Inspection of Form I-9 Original Documentation Permanent Option

    The Department of Homeland Security (DHS) is considering making a change which would permanently allow the flexibility it has extended over employers’ verification of employees’ identity and employment eligibility since March 2020. Historically, Form I-9 has required employers to physically inspect original documentation presented by employees in a face-to-face interaction. Over the years,...

  • Employers Need to Look Out for Local Laws on Salary Transparency, in Addition to PERM Regulations

    Employers doing PERM cases need to be on the lookout for local laws that require salary transparency in recruitment ads. Pursuant to the Department of Labor’s PERM regulations, recruitment advertisements must include only the name of the employer, the job location, directions on how to apply for the position, and a description of the position...

  • Online I-94 Arrival/Departure Record and Other Tips from CBP for International Travelers

    All visitors, except U.S. citizens, returning resident aliens, immigrant visa holders, and most Canadian citizens, must receive a Form I-94, Arrival/Departure record at the port of entry. Because travel is picking up, Customs and Border Protection (CBP) is encouraging travelers to fill out an I-94 application online in advance to reduce wait times and speed...

  • Forensic Photographer Trainee Takes Shot at Employee Status, But It Doesn’t Develop, 11th Circuit Rules

    A forensic photographer who enrolled in a county training program was an intern and not an employee, a three-judge panel of the Eleventh Circuit Court of Appeals has held in a divided opinion. As a result, her minimum wage and overtime claims under the Fair Labor Standards Act (FLSA) were properly dismissed by the trial...

  • Congress Releases Draft Federal Privacy Law with Potential Traction To Pass

    The federal government has been trying to reach a consensus on data privacy and thus far has failed to pass legislation. On June 3, 2022, a bipartisan draft bill, titled the American Data Privacy and Protection Act was released by the Committee on Energy and Commerce. The bill intends to provide comprehensive data privacy legislation,...

  • Carried Interest/Promote in 2022: Action Items for Investment, Private Equity, Real Estate Fund Managers

    Investment, private equity, and real estate fund managers should consider becoming familiar with the complex final regulations on the preferential tax treatment of “carried interest” under Section 1061 of the Internal Revenue Code (Code) that are generally effective for taxable years beginning on or after Jan. 1, 2022.  More…

  • U.S. Supreme Court Deals Blow to California’s Private Attorneys General Act

    Bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only, the U.S. Supreme Court has held. Viking River Cruises, Inc. v. Moriana, No. 20-1573 (June 15, 2022). The Court’s decision overrules the California’s Supreme Court decision in Iskanian v. CLS Transp....

  • Group Health Plan Considerations in the Face of (Potentially) Changing Abortion Laws

    On May 2, 2022, a draft opinion from the U.S. Supreme Court case Dobbs v. Jackson Women’s Health was leaked to the press, and as a result the Court is expected to overturn Roe v. Wade and Planned Parenthood v. Casey, effectively leaving the issue of abortion rights to the states. Thirteen states currently have laws in place...

  • The Heat is On – Oregon OSHA Adopts Heat Illness Prevention Standard

    With summer arriving and temperatures starting to rise, Oregon employers should familiarize themselves with the new Oregon OSHA Heat Illness Prevention standard (OAR 437-002-0156) that comes into effect on June 15, 2022. Covered Employers The new standard applies to workplaces when an employee is performing work activities in any environment (both indoor or outdoor) where...

  • Cal/OSHA Proposes an All-Industry Workplace Violence Prevention Standard. Are You Ready?

    It may come as a surprise to some, but Cal/OSHA’s workplace violence regulations currently apply only to the Health Care Industry. Cal/OSHA plans to change that. Right now, for non-healthcare industries, Cal/OSHA regulates workplace violence using the employer’s obligation to regularly identify and evaluate workplace hazards under Section 3203, California’s version of the general duty clause....

  • Air Travelers No Longer Required to Present Negative COVID-19 Test

    As of 12:01 a.m. on Sunday, June 12, 2022, passengers flying to the United States from abroad will no longer need to present a negative COVID-19 test to board (or prove that they have recovered from COVID-19 within the prior 90 days). Non-U.S. citizens, including those entering on temporary visas (with limited exceptions), must still show proof that...

  • Seventh Circuit Affirms Summary Judgment Ruling Against Illinois Employee Who Refused to Participate in Sale of Product Banned in New York

    A recent Seventh Circuit decision interpreting Illinois law affirmed the district court’s ruling that an employee’s refusal to engage in activity illegal in New York, but not in Illinois, was neither protected under the Illinois Whistleblower Act (“IWA”) nor under a common-law retaliatory discharge theory. In Perez v. Staples Contract & Commercial, LLC, Perez, a...

  • Universal Health Loses Appeal to Undo 60,000-Person Class in Excessive Fee Case

    By Alicia M. Chiu The Third Circuit Court of Appeals recently held that as the plan fiduciary of Universal’s defined contribution plan, Universal Health Services Inc. and its plan investment committee (collectively “Universal”) must face a class action claiming its retirement plan included imprudent investment options charging excessive fees to more than 60,000 participants, even...

  • Universal Health Loses Appeal to Undo 60,000-Person Class in Excessive Fee Case

    The Third Circuit Court of Appeals recently held that as the plan fiduciary of Universal’s defined contribution plan, Universal Health Services Inc. and its plan investment committee (collectively “Universal”) must face a class action claiming its retirement plan included imprudent investment options charging excessive fees to more than 60,000 participants, even though the three named...

  • Air Travelers No Longer Required to Present Negative COVID-19 Test

    As of 12:01 a.m. on Sunday, June 12, 2022, passengers flying to the United States from abroad will no longer need to present a negative COVID-19 test to board (or prove that they have recovered from COVID-19 within the prior 90 days). Non-U.S. citizens, including those entering on temporary visas (with limited exceptions), must still...

  • CPPA Votes to Proceed with CPRA Rulemaking

    At the California Privacy Protection Agency (CPPA) Board meeting on June 8, 2022, the board voted to begin the rulemaking process. The Board previously released a 66-page draft of regulations, that are intended to implement and interpret the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). While the draft redline...

  • FAA’s Transportation Worker Exception Covers Airline Ramp Agents, U.S. Supreme Court Holds

    Individuals employed as ramp workers who frequently handle cargo for an airline are “transportation workers” exempt from the Federal Arbitration Act (FAA), the U.S. Supreme Court has held. Southwest Airlines Co. v. Saxon, No. 21-309 (June 6, 2022). Therefore, the employees are not required to arbitrate their wage-hour claims under the FAA, but may still be...

  • DOL Announces Plan to Issue New Independent Contractor Final Rule

    The U.S. Department of Labor (DOL) has announced its intention to issue a new final rule regarding the employee-vs.-independent contractor analysis under the Fair Labor Standards Act (FLSA). That announcement came by way of a June 3, 2022, blog post from Jessica Looman, Acting Director of the DOL’s Wage and Hour Division. The current Independent...

  • Using E Visas–Sourcing Talent the E-sy Way

    Employers searching for skilled workers should not overlook the powerful but somewhat obscure immigration tool, the E visa. While use of this visa is dependent on certain treaty laws, qualifying organizations may employ the E visa to hire executives, managers or essential employees which can provide needed options for companies struggling to replace employees in...

  • District Court of Connecticut Grants Certification of Class of More Than 11,000, But Only for Retrospective Relief

    Four former employees of Eversource Energy Company recently obtained partial class certification of their claims. However, the District of Connecticut ruled that because the named plaintiffs are all former participants in the plan, they could not seek prospective relief, and only granted certification with respect to claims for retrospective relief. Plaintiffs’ Second Amended Complaint sought...

  • California Privacy Protection Agency Board Takes Steps Toward First Official Rulemaking

    On June 8, 2022, the California Privacy Protection Agency (CPPA) Board, will meet to discuss and take potential action regarding a draft of its proposed regulations. The June 8th public meeting includes an agenda item where the CPPA Board will consider “possible action regarding proposed regulations … including possible notice of proposed action.” In advance...

  • California Courts Have Found Two Statutes Requiring Diversity in the Makeup of Public Company Boards of Directors Unconstitutional

    In April, a Los Angeles Superior Court held that Assembly Bill (AB) 979 which required publicly-held corporations headquartered in California to diversify by adding “underrepresented communities” to their board of directors, was unconstitutional. On May 13, 2022, a second Los Angeles Superior Court found Senate Bill (SB) 826, which required gender diversity on the boards of directors...

  • Indiana Bans Transgender Girls From Playing on Their Schools’ Girls Sports Teams

    Joining a host of states implementing laws prohibiting transgender athletes from competing in sports of their gender identity, Indiana has enacted legislation, over the governor’s veto, banning transgender girls from competing on their schools’ girls’ sports teams. The issue of whether transgender athletes should be allowed to compete in the sport of their gender identity...

  • Tennessee’s Revised Mandatory E-Verify Law Applies to More Employers

    As of January 1, 2023, Tennessee will require all private employers with at least 35 employees to use E-Verify and maintain E-Verify case results. E-Verify is a federal electronic database intended to aid employers in confirming that the documentation provided by new hires to establish lawful employment eligibility is in fact valid. Except for federal...

  • Rhode Island Legalizes Recreational Marijuana and Protects Off-Duty Use

    Rhode Island Governor Dan McKee signed a bill legalizing recreational marijuana in the state on May 25, 2022.  The new law took effect immediately.  Adults age 21 and older now can possess up to an ounce of cannabis, may grow cannabis within their primary residence (up to certain limits) and possess up to 10 ounces...

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