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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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Oregon House Passes Hidden Property Tax Increase

The Oregon House of Representatives just passed a bill (now headed to the Senate) that will significantly increase property taxes in some Oregon cities. House Bill 2088 allows cities to pick the method for determining a property's taxable value after…
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Employer Cannot Fire Employees for Obscenity-Laced Facebook Posts During Union Organizing Campaign

Section 7 of the National Labor Relations Act protects employees who engage in concerted activities for purposes of collective bargaining or for mutual aid and protection. How far that protection extends was tested in NLRB v. Pier Sixty, LLC, a…
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New Executive Order Targets H-1B Visas

On April 18, 2017, President Trump signed an Executive Order (EO) entitled "Buy American and Hire American," which addresses the H-1B visa program, among other topics. The EO primarily sets policy looking forward, directing the Departments of State…
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Sexual Orientation Discrimination Claim Allowed Under Title VII

For more than 30 years, the federal Circuit Courts of Appeal have uniformly ruled that Title VII's prohibitions against discrimination based on "sex" do not cover claims for discrimination based on "sexual orientation." That has now changed. Last…
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USCIS Announces FY2018 H-1B Cap Reached

On April 7, 2017, USCIS announced that the H-1B cap for fiscal year 2018 was reached within the five business day filing window running from April 3-7, 2017. This includes both the U.S. advanced degree cap preference limit of 20,000 visas and the…
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DOL Fiduciary Rule Delayed for 60 Days

Today, April 7, 2017, the Federal Register published the U.S. Department of Labor's (DOL) final rule extending the applicability date of the ERISA Fiduciary Rule from April 10, 2017 to June 9, 2017. A copy of the final rule is available here. Other…
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New Travel Ban/Executive Order Stayed by Courts

On March 15, 2017, the U.S. District Court for the District of Hawaii blocked the Trump Administration's new travel ban, Executive Order No. 13,780 (EO). The Court issued a nationwide temporary restraining order that blocks enforcement of two key…
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Enhanced Whistleblower Protections for Nonprofit Employees

In the wake of Governor John Kitzhaber's resignation last year, the Oregon Legislature amended Oregon's "whistleblower" protection statute (ORS 659A.203) by expanding it to include Section 501(c)(3) nonprofit organizations that receive public funds…
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Temporary Guidance for Fiduciary Rule Compliance

On Friday, March 10, 2017, the Department of Labor (DOL) issued a field assistance bulletin (FAB) adopting a temporary enforcement policy regarding compliance with the ERISA Fiduciary Rule. The ERISA Fiduciary Rule is set to go in effect on April 10…
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