International Travel and Petition Processing - Clarification and Guidance on Trump Administration Executive Orders

The White House, U.S. Department of State, U.S. Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Protection (CBP) have issued guidance clarifying the impact of the Trump Administration Executive Orders issued last week. One…
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Company Violated the Fair Credit Reporting Act (FCRA) By Including a Liability Waiver with the Required FCRA Disclosure

The Fair Credit Reporting Act (FCRA) allows companies to obtain background information or "consumer reports" for both prospective and current employees. However, it imposes restrictions on the procedure for obtaining reports, and the use of this…
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How to Respond to Trump Administration Executive Orders

Last week, President Trump issued three Executive Orders addressing a wide range of immigration issues. The content of the Orders establish executive branch policy and immediate concrete action items. The Executive Orders include measures impacting…
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Service Advisors at Auto Dealerships Not Exempt, Says the Ninth Circuit

On January 9, 2017, the Ninth Circuit issued its opinion in Navarro v. Encino Motorcars, LLC, on remand from the United States Supreme Court. It held, once again, that service advisors at car dealerships are not exempt from overtime under the Fair…
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New OSHA Rules May Require Rewriting Your Employment Policies

The Occupational Safety and Health Administration issued a new rule, effective December 1, 2016, which includes three provisions designed to promote complete and accurate reporting by employees of work-related injuries: Employers must inform their…
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Curb the Pain of Recent Property Tax Increases: Appeal By Dec. 31

Due to the convergence of unusual circumstances and Oregon's unique property tax laws, property taxpayers have an opportunity to obtain significant tax savings this year and for the following five years by appealing their "real market values" this…
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Federal Judge Halts DOL's New Overtime Rules

On November 22, 2016, a federal judge in Texas issued a preliminary injunction halting the United States Department of Labor (DOL) from implementing and enforcing its new rules related to the so-called "White Collar Exemptions," which were to be…
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Mandatory EVUS Enrollment Starts Nov. 29 for Certain Chinese Travelers

The U.S. Department of Homeland Security and Department of State have created a new Electronic Visa Update System (EVUS). Certain visa holders will be required to enroll in EVUS to continue to use their visas to enter the United States. The…
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Diversity Visa Lottery 2018 Open October 4 to November 7

The U.S. Department of State has announced registration dates for the Diversity Immigrant Visa Lottery 2018 (DV-2018). Online registration for the lottery will be accepted beginning Tuesday, October 4, 2016 at 12:00 noon, Eastern Daylight Time (EDT…
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DOL Major Changes to Fiduciary Investment Adviser Definition and Prohibited Transaction Exemptions - Part 3

On April 6, 2016, the U.S. Department of Labor (the "DOL") issued final regulations expanding the definition of who is a fiduciary and what constitutes fiduciary advice to ERISA-covered employee benefit plans, as well as a new fiduciary adviser…
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BOLI Issues Rules Regarding Minimum Wage Increase

Oregon's minimum wage is increasing effective July 1, 2016. The law creates a tiered wage floor based on three zones around the state, as we previously discussed here. On June 15, 2016, in response to comments from an advisory group and other…
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DOL Major Changes to Fiduciary Investment Adviser Definition and Prohibited Transaction Exemptions - Part 2

On April 6, 2016, the U.S. Department of Labor (the "DOL") issued final regulations expanding the definition of who is a fiduciary and what constitutes fiduciary advice to ERISA-covered employee benefit plans and individual retirement accounts (IRAs…
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DOL Finalizes Increased Salary Requirements for White Collar Workers

In order to be exempt from overtime under the federal Fair Labor Standards Act (FLSA), white collar workers generally must satisfy both the "salary basis" and "duties" tests. In July 2015, the Department of Labor (DOL) issued a notice of Proposed…
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Major Changes to DOL Fiduciary Investment Adviser Definition and Prohibited Transaction Exemptions

On April 6, 2016, the U.S. Department of Labor (the "DOL") issued final regulations redefining fiduciary investment advice for ERISA-covered employee benefit plans and individual retirement accounts ("IRAs"). The final rule significantly expands the…
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Employers Can't Discontinue Health Insurance During OFLA Leave

With so many sweeping changes to Oregon employment laws taking effect in 2016, one minor but important change to OFLA has the potential to be overlooked. Until this year, employers were free to cease providing employment benefits if an employee was…
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USCIS Announces FY2017 H-1B Cap Reached

On April 7, 2016, USCIS announced that the H-1B cap for fiscal year 2017 was reached within the five business day filing window running from April 1 to April 7, 2016. This includes both the U.S. advanced degree cap preference limit of 20,000 visas…
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New 24-Month STEM OPT Rule

The U.S. Department of Homeland Security recently announced a final rule extending optional practical training (OPT) to 24 months for F-1 international students with eligible STEM degrees (science, technology, engineering, and math). OPT is a…
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Oregon's Minimum Wage Increase

Beginning July 1, 2016, Oregon's minimum wage will increase to $9.75 per hour, and it doesn't stop there. Oregon is the first state to implement a tiered minimum wage system that sets different hourly rates in different parts of the state. The…
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IRS Issues Alert on Email "Phishing" Scheme

The IRS has issued an alert to payroll and human resources professionals who are the targeted victims of an emerging phishing email scheme. These "spoofing" emails appear to be addressed from company executives and specifically request payroll data…
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The New "Ban the Box" Rules for Job Applicants

The new year is upon us and so too are many new laws that the Oregon legislature has enacted. New laws that went into effect on January 1, 2016 include: Oregon's "Ban the Box" law; state-wide Oregon paid sick leave; changes to Oregon's noncompetition…
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