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A Far-Flung Workforce is the Post-COVID New Normal

In less than a year, Covid-19 changed nearly everything across the globe. And one of its major impacts was the definition of workplace. In March, the coronavirus pandemic sent U.S. employers scrambling to keep their businesses afloat and their…
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An Employer's Dilemma: To Mandate (or Not) the COVID-19 Vaccine?

During a year in need of some brightness, December brought some great news: after emergency Food and Drug Administration approvals, first Pfizer and then Moderna shipped COVID-19 vaccines to locations throughout the United States, kicking off a mass…
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Oregon Legislative Recap and Look Ahead for 2021

The past year brought plenty of surprises with the pandemic, civil unrest, and wildfires all leaving a stamp on public policy in Oregon. Throughout 2020, lobbyists and lawyers alike worked hard to keep up with the ever-changing landscape of executive…
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DOL Publishes Final Rule Impacting Prevailing Wages

The U.S. Department of Labor (DOL) published a final rule to incorporate changes to the computation of prevailing wage levels for H-1B, H-1B1, and E-3 temporary classifications, as well as for certain permanent residence cases requiring labor…
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Negative COVID-19 Test or Recovery Documentation Required of All U.S. Inbound Air Travelers

The CDC has issued an Order effective January 26, 2021 impacting all U.S inbound air travelers two years of age or older, including U.S. citizens and lawful permanent residents. The Order applies to all flights, including commercial, private, and…
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New Regulation Creates Wage-Based Selection Process for H-1B Lottery

On January 8, 2021, the Department of Homeland Security published a new regulation that will change the annual H-1B cap selection process from random selection to wage-based selection. In short, USCIS will rank and select H-1B cap registrations that…
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Trump Extends Suspension of Entry for Certain Immigrants and Nonimmigrants Until March 31, 2021

On December 31, 2020, the Trump Administration extended the proclamations suspending entry of foreign nationals outside the United States seeking certain nonimmigrant (temporary) work visas and immigrant visas (green cards) until March 31, 2021.
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EEOC Issues Guidance on Employer-Mandated Vaccines

The first doses of the COVID-19 vaccine have arrived in Oregon and in states across the nation. In Oregon, Governor Brown has prioritized front-line health care workers and nursing home residents for receiving the first round of vaccines, but it is a…
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New Round of PPP Loans and Tax Breaks in Year End Stimulus Package

After months of stalled negotiations, Congress finally passed the Consolidated Appropriations Act for 2021 (the “Act”), which includes a $900 billion stimulus package to support the ailing economy. The Act, signed into law by the President on…
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October 2020 DOL and DHS Interim Final Rules Set Aside

On December 1, 2020, the U.S. District Court for the Northern District of California set aside the Interim Final Rules issued in October 2020 by the U.S. Department of Labor (DOL) and the U.S. Department of Homeland Security.
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Uncertain Thankfulness: A Tax Deduction Denied & PPP Loan Forgiveness

Under the CARES Act, PPP loans given to affected borrowers were potentially eligible for forgiveness without cancellation of indebtedness income. To qualify, an affected borrower must certify that (i) “the uncertainty of current economic conditions…
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Ninth Circuit Allows Broader Exculpation Clauses

The Ninth Circuit has generally prohibited nonconsensual third-party releases in bankruptcy reorganization plans for a long time. Section 524(e) provides that “discharge of a debt of the debtor does not affect the liability of any other entity on, or…
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Oregon OSHA Temporary Rule for Exceptional Risk Workplaces

We recently published an article about the Temporary Rule Oregon OSHA issued for workplaces in the State of Oregon. That article covered the provisions of the Rule applicable to all workplaces in the State of Oregon. The Rule also has provisions…
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Oregon OSHA Finalizes Temporary Workplace Safety Rules for COVID-19

On November 6, 2020, Oregon Occupational Safety and Health Agency (OR-OSHA) adopted the Temporary Oregon OSHA COVID-19 Rule (the Rule) aimed at addressing the effects of the pandemic on the workplace. Unless otherwise indicated, the Rule’s provisions…
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Was My PPP Loan Necessary (In Hindsight)? SBA Seeks Additional Information from PPP Borrowers with Loans of $2 Million or More

On the roller coaster ride that is the interpretation of the Paycheck Protection Program (“PPP”) by the U.S. Small Business Administration (“SBA”), on October 26, the SBA issued a notice to the Office of Management and Budget (“OMB”) seeking approval…
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Oregon OSHA Set to Finalize Temporary Workplace Safety Rules for COVID-19

On October 23, 2020, Oregon Occupational Safety and Health Agency (Or-OSHA) issued its fourth draft of the Temporary Oregon OSHA COVID-19 Rule (the Rule) aimed at addressing the effects of the pandemic on the workplace. The comment period for this…
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2022 DV Lottery Registration Open Oct. 7 to Nov. 10

Online registration for the 2022 DV Lottery (DV2022) opened Wednesday, October 7, 2020 at 12:00 PM (noon) Eastern Daylight Time (EDT) (GMT-4), and closes Tuesday, November 10, 2020 at 12:00 PM (noon) Eastern Standard Time (EST) (GMT -5). For DV2022…
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Cleaning Up Your Contracts – Property Owners Could Be Liable for Janitors’ Unpaid Wages

Due to recent changes in Oregon law, if a janitorial service provider fails to pay its employees, the owner or manager of the property being cleaned could be liable for the unpaid wages (and additional penalties) unless the property owner or manager…
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DHS Publishes Regulation Impacting H-1B Program

On October 8, 2020, the U.S. Department of Homeland Security published an Interim Final Rule (IFR) that significantly revises the "specialty occupation" H-1B legal standard, among other changes. The regulation is effective December 7, 2020, 60 days…
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DOL Publishes Regulation Impacting Prevailing Wages

On October 8, 2020, the U.S. Department of Labor (DOL) published an Interim Final Rule (IFR) that impacts prevailing wage programs for H-1B, H-1B1, and E-3 temporary classifications, as well as for certain permanent residence cases requiring labor…
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