Genetic Non-Discrimination Bill Signed Into Law - 05/08
Healthcare/Labor & Employment
May 23, 2008
ATTORNEYS
Cynthia E. Berry
Robyn W. Farmer
Bruce F. Howell
Leah Mendelsohn Stone
Kathryn B. Vargo
After thirteen years of consideration, legislation prohibiting health insurance companies and employers from discriminating against
individuals based on genetic information was signed into law on May 21, 2008.
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USCIS Reaches FY 2009 H-1B Cap - 04/08
Immigration
April 14, 2008
U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough regular H-1B petitions to meet the congressionally mandated cap for fiscal year 2009.
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Put Your Calls on Hold While Driving - 03/08
Labor & Employment
March 28, 2008
ATTORNEYS
Karen W. Neely
Based upon a study issued by the National Highway Safety Administration, driver cell phone use increased significantly in 2005. Based upon the statistics, up to 6% of drivers regularly used hand-held phones while driving. This translates into 974,000 vehicles at any time being driven by someone using a hand-held phone.
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Expansion of the Family and Medical Leave Act - 02/08
Labor & Employment
February 8, 2008
ATTORNEYS
Robyn W. Farmer
On January 28, 2008, the President signed the National Defense Authorization Act into law.
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H-1B Cap Alert! Plan Now For New H-1B Hires - 01/08
Immigration
January 11, 2008
Employers can file for new H-1B hires starting April 1, 2008. These petitions can only be filed for an H-1B start date of October 1, 2008 or later. It is important for employers to start planning now for these April 1 filings, as the allotment of H-1B numbers is expected to be used up on the first day of filing, similar last year.
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USCIS Revises Employment Eligibility Verification Form I-9 - 11/07
Immigration
November 15, 2007
U.S. Citizenship and Immigration Services (USCIS) announced that the long awaited revised Employment Eligibility Verification Form (I-9) is now available for use.
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Controversy Continues: Can DHS Regulate SSA No-Match Letters? - 09/13/07
Immigration
September 14, 2007
On August 15, 2007, Department of Homeland Security published its final "No-Match" regulation, entitled "Safe Harbor Procedures for Employers Who Receive a No-Match Letter," which was scheduled to become effective on September 14, 2007. However, a temporary restraining order issued by a district court in California has delayed
this effective date and brought to the forefront the controversy of DHS' authority to regulate in Social Security territory.
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New Rule for Expedited Passports - 08/07
Labor, Employment & Immigration
August 21, 2007
The Department of State has published a regulation modifying the procedures for expedited passport issuance.
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New Fee Increases For USCIS Filings - 0717/07
Immigration
July 17, 2007
Beginning July 30, 2007, United States Citizenship and Immigration Services will increase its filing fees for all nonimmigrant and immigrant applications and petitions, as well as naturalization applications, biometric fees and other related immigration documents
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The Government Giveth and Taketh Away - 07/07
Immigration
July 2, 2007
The Department of State announced today that effective Monday, July 2, 2007, all employment-based immigrant visa numbers were unavailable.
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New Georgia Immigration Law Affecting Employers - 06/07
Immigration
July 1, 2007
Senate Bill 529 is the Georgia Security and Immigration Compliance Act of 2006 ("the Act") and affects employers and their contractors and subcontractors who contract or subcontract with the State of Georgia for the performance of services.
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New Georgia Immigration Law Affecting Local Governments - 06/12/07
Immigration
June 12, 2007
Senate Bill 529 is the Georgia Security and Immigration Compliance Act of 2006 ("the Act"). The Act affects counties, municipalities and their corresponding authorities and agencies ("Local Governments") as well as Local Government contractors and subcontractors.
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New Federal Minimum Wage & Posting Requirement - 06/13/07
Labor, Employment & Immigration
June 12, 2007
ATTORNEYS
Karen W. Neely
Kathryn B. Vargo
On May 24, 2007, President Bush signed the Fair Minimum Wage Act of 2007 that, among other things, increases the federal minimum wage from $5.15 in three steps: to $5.85 per hour effective July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25 per hour effective July 24, 2009. These increases are the first federal minimum wage hike in ten years.
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USCIS Reaches FY 2008 H-1B Cap - 04/04/07
Immigration
April 4, 2007
U.S.Citizenship and Immigration Services (USCIS) announced April 3, 2007, that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2008 (FY 2008).
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Performance Management: Friend and Foe - 02/27/07
Labor & Employment
February 26, 2007
ATTORNEYS
Marilyn M. Fish
Karen W. Neely
During the upcoming months, many companies will conduct reviews of their employees' 2006 performance. In the legal arena, performance reviews and other performance documentation indeed can be a company's best friend, or worst enemy.
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H-1B CAP ALERT! Plan Now For New Hires - 02/19/07
Immigration
February 19, 2007
Employers can file for new H-1B hires starting April 1, 2007. These petitions will be filed for an H-1B start date of October 1, 2007 or later. It is important for employers to start planning now for these April 1 filings, as the allotment of H-1B numbers is expected to be used more quickly than ever before - possibly in one month or less.
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Make a New Year's Resolution to Get HR Compliance in Shape! - 01/02/07
Labor & Employment
January 2, 2007
ATTORNEYS
Marilyn M. Fish
Todd H. Stanton
Taking some time over the next couple of weeks to make sure your Human Resources policies and practices make the grade will go a long way toward making your New Year a happy one.
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DV-2008 Immigrant Visa Lottery for 2007-2008 - 10/12/06
Immigration
October 12, 2006
We have just received information regarding this year's version of the annual "lottery" for United States immigrant visas. Known as the "DV-2008" lottery, this program provides an opportunity for certain foreign nationals to participate in a special lottery of 50,000 immigrant "green card" visas.
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Social Security No-Match Letters - Proposed Burdens on Employers - 06/16/06
Immigration
June 16, 2006
Immigration and Customs Enforcement (ICE) proposes to amend the regulations relating to the unlawful hiring or continued employment of unauthorized workers. The amended regulation describes the legal obligations of an employer, under current immigration law, when the employer receives a no-match letter from the Social Security Administration or the Department of Homeland Security.
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Bank Fails In Efforts to Avoid Reinstatement of Whistleblower - 06/16/06
Labor & Employment and Corporate Compliance
June 15, 2006
ATTORNEYS
Marilyn M. Fish
Shay Zeemer Hable
Eliot W. Robinson
Kathryn B. Vargo
In the first Sarbanes-Oxley whistleblower trial completed on its merits , the U.S. Department of Labor ruled against Cardinal Bankshares Corporation on its appeal of an order to reinstate its former Chief Financial Officer, who had been terminated in October 2002 after raising concerns about accounting practices. This case highlights the care public companies must take in addressing potential whistleblower claims.
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H-1B Cap Hits - Employers Face Over a Year with No New H-1Bs - 06/02/06
Immigration
June 2, 2006
The cap for new H-1B petitions has been reached. U.S. Citizenship and Immigration Services just announced that the H-1B cap for fiscal year 2007 has been exhausted, effective retroactively as of May 26, 2006, less than two months after filings began.
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Raids Mark New Homeland Security Strategy - 04/25/2006
Immigration
April 24, 2006
The interior enforcement strategy recently announced by Homeland Security will target companies that employ illegal aliens and punish employers that knowingly and recklessly employ them. ICE has already initiated a strategic shift in the way it approaches such employers by bringing criminal charges against them and seizing their illegally-derived assets rather than relying on the old tactic of administrative fines as sanctions.
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H-1B Cap Alert! - 03/17/06
Immigration
March 16, 2006
Last year, H-1B visas became unavailable in August, 2005, two months before the beginning of the next fiscal year. As a result, the H-1B visa could not be used for new professional hires during the 2005-2006 fiscal year beginning October 2005. Unless Congress takes some action with regard to this problem, the cap will be reached even sooner this year, extending the length of time that employers will not have access to H-1B visas.
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Recent Fifth Circuit Decision Imposes Heightened Burden on Employers Defending Against FMLA Claims - 01/11/06
Labor, Employment & Immigration
January 11, 2006
ATTORNEYS
Marilyn M. Fish
Kathryn B. Vargo
Employers in some states are finding that they may face a heightened burden when defending against retaliation claims arising under the Family Medical Leave Act.
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Employers Must Compensate Workers For Walking Time Related To The Donning And Doffing Of Safety Gear - 12/12/05
Labor, Employment & Immigration
December 12, 2005
ATTORNEYS
Marilyn M. Fish
Kathryn B. Vargo
In a unanimous decision, the United States Supreme Court held that employers must pay employees for the time spent walking after the first principal work activity and before the end of last principal work activity under the Fair Labor Standards Act.
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The OFCCP Finally Issues the Long-Awaited Definition of Internet Applicant and Related Recordkeeping Requirements - 10/12/05
Labor, Employment & Immigration
October 12, 2005
ATTORNEYS
Marilyn M. Fish
Kathryn B. Vargo
The U.S. Department of Labor's Office of Federal Contract Compliance ("OFCCP") requires covered federal contractors, to the extent possible, to gather and maintain race, gender and ethnicity data on job applicants and employees. Following a lengthy revision process, the OFCCP has amended a contractor's recordkeeping requirements for Internet job applicants.
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A Helping Hand for the Employee Handbook - 10/03/05
Labor, Employment & Immigration
October 3, 2005
ATTORNEYS
Shay Zeemer Hable
Kathryn B. Vargo
While some employers groan at the thought of undertaking the task of reviewing or creating a handbook, the benefits of having a thorough, up-to-date employee handbook far outweigh any burden. This is especially true in smaller office environments where corporate norms are often blurred by the relatively intimate setting created by having fewer employees.
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DV-2007 Immigrant Visa Lottery for 2005-2006 - 10/05
Immigration
October 3, 2005
We have just received information regarding this year's version of the annual "lottery" for United States immigrant visas. Known as the "DV-2007" lottery, this program provides an opportunity for certain foreign nationals to participate in a special lottery.
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VISA Retrogression - 09/27/05
Immigration
September 27, 2005
We are writing to alert you of a recent development impacting employment-based permanent residence cases. Starting October 1, there will be cutoff dates for permanent residence applications in most categories.
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I-9 Documentation and Hurricane Katrina - 09/20/05
Immigration
September 20, 2005
The Department of Homeland Security announced on September 6, 2005, that for the next 45 days, it will not bring I-9 sanction actions against employers for hiring victims of Hurricane Katrina who would otherwise be eligible for employment, but, due to the circumstances, are currently unable to obtain documents establishing work eligibility or identity normally required.
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Providing Inaccurate Information In Response To A Reference Check May Subject Employers To Liability For Negligent Misrepresentation - 08/24/05
Labor & Employment
August 25, 2005
ATTORNEYS
Marilyn M. Fish
Kathryn B. Vargo
In a surprising decision, New Jersey's appellate court held that the tort of negligent misrepresentation is applicable against employers who allegedly provide false information in response to reference inquiries.
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H-1B Cap Reached - Action Alert! - 08/17/05
Immigration
August 17, 2005
ATTORNEYS
Ashley A. Palermo
U.S. Citizenship and Immigration announced on Friday, August 12, 2005, that it has received enough H-1B petitions to meet the congressionally-mandated cap for fiscal year 2006.
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Check Your Release Agreements: FMLA Releases Are Unenforceable Without DOL or Court Approval and May Void The Entire Agreement - 08/16/05
Labor & Employment
August 16, 2005
ATTORNEYS
Marilyn M. Fish
Shay Zeemer Hable
Kathryn B. Vargo
The U.S. Court of Appeals for the Fourth Circuit recently held that an employee who signed a general release in exchange for monetary compensation did not waive the right to bring an action under the FMLA, because the release had not been approved by the Department of Labor or a court.
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Three AFL-CIO Unions to Form New Federation - 08/01/05
Labor & Employment
August 1, 2005
ATTORNEYS
Marilyn M. Fish
Shay Zeemer Hable
Kathryn B. Vargo
Citing fundamental differences over organizing tactics and political activities, the presidents of two of the AFL-CIO's largest unions, the Service Employees International Union and the International Brotherhood of Teamsters announced they are disaffiliating from the AFL-CIO and forming their own federation.
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When "Plain English" Is Not Enough - 8/01/05
Health Care and Labor & Employment Law
August 1, 2005
ATTORNEYS
Marilyn M. Fish
Shay Zeemer Hable
Sandra K. Herron
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Important Immigration Changes in 2005 - 07/20/05
Immigration Law
July 20, 2005
ATTORNEYS
Ashley A. Palermo
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U.S. Immigration Service Implements Nurse Visa Expansion while Limiting Other Employment-based Visas - 07/05/05
Health Care
July 5, 2005
The U.S. Department of State announced in its July Visa Bulletin the availability of the newly recaptured employment based (EB-3) visa slots for nurses immigrating to work in the United States.
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Third Preference Employment-Based Immigrant Visas Unavailable - 6/23/05
Immigration Client Alert
June 23, 2005
ATTORNEYS
Ashley A. Palermo
In this Important Immigration Client Alert: Third Preference Employment-Based Immigrant Visas Unavailable-- The Department of State ("DOS") has announced that beginning July 1, 2005 no more immigrant visa numbers will be available in the EB-3 Skilled Worker category for employment-based immigration; New Passport Requirement For Visa Waiver Countries-- The Department of Homeland Security has issued a reminder to all travelers from the 27 Visa Waiver Program (VWP) countries that they must have a machine-readable passport to enter the United States as a visitor without a visa beginning June 26, 2005.
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Roth Contributions to 401(k) Plans - 06/15/05
Employee Benefits & Executive Compensation
June 15, 2005
ATTORNEYS
Richard L. Arenburg
Armin G. Brecher
Paul F. Concannon
Edmund Emerson III
Castles R. Hollis
Steven G. Schaffer
Beginning in 2006, 401(k) plans (and 403(b) plans) may permit participants to designate some or all of their employee contributions as "Roth contributions." This law change was one of the numerous changes to the rules governing qualified plans made by the Economic Growth and Tax Relief Reconciliation Act of 2001. The IRS recently issued proposed regulations that provide its first round of guidance on Roth contributions to 401(k) plans.
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Supreme Court Declines Opportunity to Resolve Split on Who Bears ADA "Direct Threat" Burden - 06/01/05
Labor, Employment & Immigration
June 1, 2005
ATTORNEYS
Marilyn M. Fish
Kathryn B. Vargo
The Americans with Disabilities Act permits an employer to base an adverse employment action upon an employee's disability if the employee poses a direct threat to others. The circuit courts do not uniformly agree, however, upon which party bears the burden of proofing that such a direct threat existed.
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Are You Screening Your Employees? - 05/31/05
Labor, Employment & Immigration
May 31, 2005
ATTORNEYS
Robert Clifton Burns
Does your company screen its employees to ensure that no employee is on any list of known or suspected terrorists? All employers should be performing such screenings.
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New Protections Against Identify Theft Affect Employment Practices - 05/12/05
Labor, Employment & Immigration
May 12, 2005
ATTORNEYS
Marilyn M. Fish
Shay Zeemer Hable
Kathryn B. Vargo
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Additional H-1B Numbers Now Available - 05/05/05
Immigration
May 5, 2005
ATTORNEYS
Ashley A. Palermo
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Supreme Court Makes it Easier to Bring Age Discrimination Claims - 04/21/05
Labor & Employment Law
April 21, 2005
ATTORNEYS
Marilyn M. Fish
Kathryn B. Vargo
Under a recent ruling by the United States Supreme Court, employees alleging age discrimination claims under the Age Discrimination in Employment Act do not have to establish that their employers intentionally discriminated against them because of their age to have a viable claim. Instead, they may establish an age-based claim by showing that their employers' actions "disparately impacted" them even though such a result may not have been the employer's intent.
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Travelers Beware - 04/04/05
Immigration Law
April 4, 2005
ATTORNEYS
Ashley A. Palermo
Gone are the days that visitors can travel to the United States confidently with only a passport and valid visa (or expectations to enter under VWP).
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New Legislation Requires Employers To Notify Employees Of Their USERRA Rights - 3/15/05
Labor & Employment Law
March 15, 2005
ATTORNEYS
Marilyn M. Fish
Kathryn B. Vargo
With the passage of the Veterans Benefits Improvement Act of 2004, employers now have an affirmative obligation to notify employees of their rights regarding military leave and reinstatement. The new legislation amends the 1994 Uniformed Services Employment and Reemployment Rights Act which provides reemployment protection and other benefits for veterans and employees who perform military service.
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OFAC Announces New Rules for Cuban Agricultural Transactions - 3/14/05
International Client Alert
March 14, 2005
ATTORNEYS
Robert Clifton Burns
William Steinman
In our March 14, 2005 International Client Alert: OFAC Announces New Rules for Cuban Agricultural Transactions; Record Fines Imposed on Titan for Violating FCPA; Panel Considers Export Controls for Nanotechnology; Criminal Convictions For Exports of Polygraph Equipment; Micrus Corporation Agrees to Fines for Violating the FCPA
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Congress Revises Internal Revenue Code To Eliminate Double Tax On Attorneys' Fees In Employment Cases - 03/10/05
Labor & Employment Client Alert
March 10, 2005
ATTORNEYS
Marilyn M. Fish
Kathryn B. Vargo
Tucked away in the corporate tax bill is the Civil Rights Tax Relief Act, a significant piece of legislation eliminating the double taxation of attorneys' fees awarded to plaintiffs in discrimination lawsuits.
A diverse coalition of business and civil rights groups backed the legislation to remedy inequities in the tax treatment of employment awards.
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Major Changes to Labor Certification Processing - 01/28/05
Immigration
ATTORNEYS
Ashley A. Palermo
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H-1B CAP - Action Alert! - 11/11/04
Immigration
November 11, 2004
ATTORNEYS
Ashley A. Palermo
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Immigration Update: DV-2006 Immigrant Visa Lottery for 2004-2005
Immigration
October 11, 2004
ATTORNEYS
Ashley A. Palermo
In this issue of our Immigration Update we will discuss
* Information regarding this year's version of the annual "lottery" for United States immigrant visas. Known as the "DV-2006" lottery, this program provides an opportunity for certain foreign nationals to participate in a special lottery of 50,000 immigrant "green card" visas.
* While you may not need or be eligible to file for the lottery yourself, we are sending this letter to all our clients and friends so that you can pass along this information to others you know who may be interested in applying.
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Courts Begin To Provide Affirmative Defense To Whistleblower Claims - 07/04
Labor and Employment
Most human resources professionals and employment lawyers are well-seasoned in taking advantage of the affirmative defense the United States Supreme Court created for hostile work environment sexual harassment claims. As you know, employers who can prove that they created a harassment reporting procedure and consistently and vigorously investigated harassment and retaliation complaints have found a powerful tool in defending against harassment claims if the plaintiff fails to take advantage of the reporting procedures.
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Constructive Discharge NOT A Tangible Employment Action (Always) - 06/04
Labor & Employment
The laws involving sexual harassment create constant uncertainty and land mines for the unwary (and often even the very cautious).
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The Long Awaited Revisions to the "White Collar" Exemptions Are Enacted: Employers Have Until August 21, 2004 to Comply - 05/04
Labor & Employment
May 4, 2004
Current Regulations; Changes to the Regulations: Minimum Salary Levels Increased, New Exemption Established for Highly Compensated Employees, Salary Basis Test Altered, and Job Duties Test Revamped; What Employers Need to Consider in Light of the Proposed Changes
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Plan Now for New H-1Bs - 03/04
Immigration
In this issue of the Immigration Client Alert, we discuss Planning Now For New H-185, Radical Changes To Labor Certification On The Horizon, and Longer Validity For EADS Proposed
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New Employee Investigation Options in the Amended Fair Credit Reporting Act - 02/04
Labor and Employment
On December 4, 2003, President Bush signed the Fair and Accurate Credit Transactions Act of 2003 (Public Law 108-159, the FACT Act) to amend the federal Fair Credit Reporting Act. The amended FCRA includes new limits on sharing of information with affiliates for marketing purposes, a new notice requirement for lenders using risk-based pricing, extensive identity theft provisions, credit score disclosure requirements and makes permanent preemption of state law with respect to many FCRA issues.
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Charging Participants' Accounts for Plan Expenses - 05/03
Emp. Benefits & Exec. Compensation
On May 19, the Department of Labor ("DOL") issued a Field Assistance Bulletin (FAB 2003-3) that significantly changes the DOL's position on charging participants' accounts for certain plan-related expenses.
Our Client Alert (in PDF format) details the DOL's new position.
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Military Leave: Employer Responsibilities and Employee Rights - 04/03
Employment Law
Since September 11, 2001, President Bush has called up to active duty more than 90,000 members of the National Guard and Reserves.
Now, more than ever before, employers must understand their legal responsibilities to such individuals as well as the responsibilities of the affected employees.
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Various Client Alerts from 2002
Employment Law
April 9, 2003
Employment Law Client Alerts on various subjects from 2002. Please click on the PDF versions below for these Alerts.
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