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USCIS Temporarily Suspends Premium Processing of All H-1B Petitions Filed On or After April 3, 2017

On March 3, 2017, USCIS announced it will suspend Premium Processing of all H-1B petitions filed April 3, 2017 and later. The suspension may last up to six months, and is intended to reduce the processing times for H-1B petitions filed regular…
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Reminder: New (Cap) H-1B Filings - April 3-7 Deadline

U.S. employers that wish to pursue new H-1B visas on behalf of prospective or existing employees should do so as soon as possible, and contact counsel for assistance if desired. April 3 through 7, 2017 is the anticipated deadline for filing new H-1B…
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Important Deadlines Loom for Landlords Under Portland Residential Renter Protection Ordinance

For a very limited time, residential landlords can rescind some pending Notices of Termination and Notices of Rent Increases that would otherwise trigger Relocation Assistance under Portland's new Renter Protection Ordinance. The Portland City…
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Fiduciary Rule's Status Uncertain

On Friday, February 3, 2017, the President signed an executive order requiring the re-examination of the final Fiduciary Rule (81 Fed. Reg. 20946 (April 8, 2016)) set to go into effect on April 10, 2017. The Fiduciary Rule, which was the subject of…
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Ninth Circuit Upholds Temporary Block on Travel Ban

Yesterday, February 9, 2017, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) unanimously upheld the temporary restraining order that halted the federal government ban on issuance of visas to, and entry of, individuals from…
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Temporary Restraining Order Halts Trump Administration Executive Order of January 27, 2017

As has been widely reported, on Friday, February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order impacting the Trump Administration Executive Order issued on January 27, 2017…
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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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