Here's what you should know.

On September 18, 2018, the Ninth Circuit, sitting en banc, considered whether fourteen former servers and bartenders were entitled to back wages under the Fair Labor Standards Act (FLSA) for time spent engaged in non-tipped tasks.

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…

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…

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…

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…

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…

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…

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…

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").

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…

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…

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…

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.

H-1B season is underway! U.S. employers can file for new H-1B visas on behalf of prospective or existing employees beginning April 2, 2018. The anticipated window for filing new H-1B petitions under the USCIS H-1B quota for FY2019 is April 2 through…

We now know that each individual has a $10 million estate tax exclusion (adjusted for inflation) under the new federal estate tax legislation (the Tax Cuts and Jobs Act). In 2018, the applicable exclusion amount will be approximately $11,200,000…

Effective January 1, 2018, Oregon's securities regulation laws started imposing a mandatory reporting requirement in certain circumstances on "qualified individuals"—including investment adviser representatives—to protect "vulnerable persons" from…

The U.S. House of Representatives and the U.S. Senate have now passed separate versions of the “Tax Cuts and Jobs Act.” The proposals that are being discussed in the news as "repeal of the death tax" are much more complex than the TV sound bites…

Effective October 1, 2017, investment advisers must adhere to amended requirements regarding the investment adviser public disclosure form (Form ADV). The Securities Exchange Commission (the SEC) announced these amendments in 2016. The new Form ADV…

On September 28, 2017, the United States Supreme Court agreed to revisit the question of whether service advisors at car dealerships are exempt from overtime. The federal FLSA exempts from overtime "any salesman, partsman, or mechanic primarily…

The U.S. Department of State (DOS) has announced registration dates for the Diversity Immigrant Visa Program 2019 (DV Lottery). Online registration for the DV Lottery opens Tuesday, October 3, 2017 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4…