Here's what you should know.
New (Cap) H-1B Filings: April 1-5 Deadline
H-1B season is underway! U.S. employers can file for new H-1B visas on behalf of prospective or existing employees beginning April 1, 2019. The anticipated window for filing new H-1B petitions under the USCIS H-1B quota for FY2020 is April 1 through…
Are You Ready for Paid Family and Medical Leave in Oregon?
There are strong indications out of Salem that the upcoming session of the Oregon Legislature will see a bill regarding paid family and medical leave. The contours of such a bill are hazy and there is a lot we don’t know about how the leave would be…
Washington Paid Family and Medical Leave Requirements to Start in 2019
In 2017, the Washington State legislature authorized a statewide insurance plan to provide paid family and medical leave to all Washington employees. Under the Paid Family and Medical Leave law, nearly all Washington employers must collect and remit…
OSHA's Memorandum Clarifies Anti-Retaliation Rule
In May 2016, the Occupational Safety and Health Administration (OSHA) published a final rule adding an anti-retaliation provision that prohibits employers from retaliating against employees for reporting work-related injuries or illnesses. The final…
2020 DV Lottery Registration Deadline is Nov. 6
There is still time to register for the 2020 Diversity Immigrant Visa Program (DV Lottery). Online registration for the DV Lottery began Wednesday, October 3, 2018 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and will end Tuesday, November 6…
"Production Minutes" Do Not Constitute "Piece Work" Under Washington’s Minimum Wage Law
On September 20, 2018, the Washington Supreme Court considered whether an employer’s payment plan that includes “production minutes” or actual clock time as an employee's metric, qualifies as a “piece-work plan” under Washington’s Minimum Wage Act…
USCIS Further Limits H-1B Premium Processing
On August 28, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it will extend its current suspension of Premium Processing for cap subject H-1B petitions. Effective September 11, 2018, USCIS is also expanding the Premium…
Does Your Intern Program Make the Grade?
July 26, 2018 is National Intern Day – the perfect day to take a look at the employment law issues that impact internships! The primary issue employers need to be concerned about is whether an unpaid or stipend “intern” is actually an “employee” and…
Wage-Fixing and No-Poaching Agreements – Criminal Prosecution Is a Real Risk
In case there was any doubt about it, recent activity by the United States Department of Justice (DOJ) should serve as a sharp reminder to employers that wage-fixing and "no-poaching" agreements are illegal and subject to criminal prosecution. These…
Supreme Court Throws Out SEC Administrative Law Judge Process
On June 21, 2018, the Supreme Court of the United States invalidated the process that the Securities and Exchange Commission ("SEC") had been using to appoint administrative law judges. Staff from the SEC had selected administrative law judges as…
Oregon Court of Appeals Expands Employment Retaliation Liability
In its May 31, 2018, decision in McLaughlin v. Wilson, 292 Or App 101 (2018), the Oregon Court of Appeals expanded liability for employment retaliation in two ways. The court held that (1) individuals, not just employers, can be primarily liable for…
U.S. Supreme Court Clarifies Enforceability of Class Action Waivers in Arbitration Agreements
On May 21, 2018, the United States Supreme Court held that class and collective action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA). Many employers enter into arbitration agreements with employees…
USCIS Announces FY2019 H-1B Cap Reached
On April 6, 2018, USCIS announced that the H-1B cap for FY2019 was reached within the five business day filing window running from April 2-6, 2018. This includes both the U.S. advanced degree cap preference limit of 20,000 visas and the regular cap…
U.S. Supreme Court Restores Status Quo for Automobile Service Advisors
On April 2, 2018, the United States Supreme Court, in a 5-4 decision, resolved a circuit split by concluding that auto dealership service advisors are exempt from the overtime requirements under the federal Fair Labor Standards Act ("FLSA").
Elder Abuse Prevention and Prosecution Act
We previously talked about recent changes to Oregon law and FINRA rules relating to elder abuse prevention and the prosecution of financial services companies for noncompliance. This article focuses on The Elder Abuse Prevention and Prosecution Act…
USCIS Temporarily Suspends Premium Processing of H-1B Cap Petitions Filed April 2-6, 2018
Yesterday, USCIS announced it will suspend Premium Processing of all H-1B cap-subject petitions received by USCIS April 2-6, 2018. The suspension is expected to last until September 10, 2018. At present, all other H-1B petition filings not subject…
Vulnerable Person Abuse Protections Coming to FINRA in 2018
Similar to the Oregon legislature's recent changes to ORS Chapter 59, intended to protect "vulnerable persons" against financial exploitation, FINRA has implemented changes to its rules effective February 5, 2018, intended to protect "specified adult…
SEC's Office of Compliance Inspections and Examinations Priorities for 2018
On February 7, 2018, the Security and Exchange Commission's Office of Compliance Inspections and Examinations announced its 2018 examination priorities. For 2018, OCIE's priorities fit into five broad categories.