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…
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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…
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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…
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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…
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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…
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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").
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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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