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…
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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…
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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…
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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.
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New (Cap) H-1B Filings - April 2-6 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 2, 2018. The anticipated window for filing new H-1B petitions under the USCIS H-1B quota for FY2019 is April 2 through…
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Federal Estate & Gift Tax Reform - What We Know Now

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…
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New “Financial Abuse” Mandatory Reporting Requirements for Oregon Investment Adviser Representatives

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…
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Proposed Federal Estate & Gift Tax Reform – What You Need to Know Now

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…
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Investment Adviser Update: Revised Form ADV Began October 1st

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…
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Supreme Court to Again Evaluate Whether Auto Service Advisors Are Exempt from Overtime

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…
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Diversity Visa Lottery 2019 Open October 3 to November 7

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…
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Premium Processing Resumes for H-1B Cap Cases

The U.S. Citizenship and Immigration Services (USCIS) announced that it has resumed premium processing for all H-1B petitions subject to the Fiscal Year (FY) 2018 cap.
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The Fleischer Case: IRS Challenges Ahead for Insurance Producers?

A 2017 Tax Court decision, Fleischer v. Commissioner, may call into question a tax planning strategy commonly used by commissioned brokers and salespersons in many industries. This Alert looks at the impact of the decision on insurance brokers and…
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Federal District Court Invalidates the DOL's Overtime Rules

A federal judge in Texas issued an order on August 31, 2017, invalidating the Final Rule to the so-called "White Collar Exemptions" promulgated by the United States Department of Labor (DOL). Under the Final Rule, the minimum salary level for exempt…
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USCIS to Require In-Person Interviews for Employment-Based Permanent Residence Applicants

On August 28, 2017, USCIS announced that it will be phasing in interviews for employment-based applicants for adjustment of status to permanent residence. The phase-in will begin October 1, and requires employees in temporary nonimmigrant status who…
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Big Changes for Large Employers: Oregon Legislature Passes Fair Work Week Act

Recently, the Oregon legislature passed Senate Bill 828, known as the Fair Work Week Act, which will dramatically change how covered employers schedule workers. Governor Brown is expected to sign the law soon. The Fair Work Week Act applies to large…
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U.S. Supreme Court Allows Travel Ban to Go Into Effect, With Limitations

On June 26, 2017, the U.S. Supreme Court (Court) permitted the "Travel Ban" set forth in the second Executive Order issued by President Trump on March 6, 2017 (EO-2) to temporarily go into effect, with constraints. EO-2 provided for a 90-day ban on U…
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Oregon Equal Pay Act of 2017 – What Should Employers Be Doing Now?

On June 1, 2017, the Governor signed into law the Oregon Equal Pay Act of 2017 (the Act), expanding the current law's protection against wage disparities among employees. Currently, Oregon prohibits discrimination "between the sexes in the payment of…
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U.S. Department of Labor to Increase Enforcement of H-1B and Other Visa Programs

On June 6, 2017, the U.S. Department of Labor (DOL) announced that it will increase activities to combat fraud and abuse in employment-based visa programs. This will include not only H-1B visas, but other types of nonimmigrant visas, such as the H-2B…
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Trump Administration Appeals Decision on Trump "Travel Ban #2" to U.S. Supreme Court

After the Ninth Circuit Court of Appeals upheld the preliminary injunction on the Trump Administration's "Travel Ban #1," President Trump issued a new Executive Order on March 6, 2017 that included a temporary 90-day ban on U.S. entries by citizens…
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