Written by: Sharon GoldLate Friday, U.S. District Court Judge J. Campbell Barker of the Eastern District of Texas vacated the National Labor Relations Board’s (“NLRB”) controversial 2023 Joint Employer Final Rule. The 2023 Final Rule revised the standard under the National Labor Relations Act (“NLRA”) to determine whether two entities are joint employers and, thus,
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Lawsuits Challenge DOL’s New Independent Contractor Rule
Written by: Michelle WyrickGroups opposed to the United States Department of Labor’s (“DOL’s”) new independent contractor rule have filed lawsuits challenging the rule, which is set to take effect on March 11, 2024. What does the new rule do? The new DOL independent contractor rule, which was published on January 10, 2024, makes it more difficult…
USCIS Final Fee Increase
Written by: Glen W. KrebsThe U.S. Citizenship and Immigration Services (“USCIS”) has released a final rule regarding fee increases for various immigrant and non-immigrant visas. The rule, released on January 30, 2024, is the first fee increase for USCIS since 2016. The new fee increases will go into effect on April 1, 2024; note that…
NLRB Delays Effective Date of the Controversial Joint Employer Rule to February 26, 2024
By: Sharon GoldIn October 2023, the National Labor Relations Board (“NLRB”) published a controversial Final Rule addressing the Standard for Determining Joint-Employer Status under the National Labor Relations Act (“NLRA”). The Final Rule revises the standard under the NLRA to determine whether two entities are joint employers from the prior standard of two entities having…
What to Know About the New Form I-9
By: Glen W. KrebsThe I-9 form is crucial for employers to verify that their employees are eligible to work in the United States. As of November 1, 2023, employers are required to use the newest version of the I-9 form, which was released on August 1, 2023. The previous version of the I-9 will no…
Visa Bulletin Backlog
By: Glen W. KrebsWhen deciding whether to apply for a Green Card, a crucial question is “How long it will take to obtain?” The Visa Bulletin is a key resource that provides the current wait times for all Green Card categories and it indicates whether a Green Card is currently available or whether there will…
New Joint Employer Rule Effective December 26 2023
By: Julie Laemmle WattsThe National Labor Relations Board (NLRB) released a new joint employer rule. Under the new rule, which takes effect on December 26, 2023, two (2) entities are considered joint employers if they either share or co-determine one or more of an employee’s essential terms and conditions of employment, even if one of…
SEC’s Increased Scrutiny of Employment and Separation Agreements Under the Whistleblower Rule Continues
By: Jordan M. WhitePer Rule 21F-17(a) of the Securities Exchange Act of 1934, “No person may take any action to impede an individual from communicating directly with the Commission staff about a possible securities law violation, including enforcing, or threatening to enforce, a confidentiality agreement . . . with respect to such communications[,]” i.e., the…
DEI Programs at a Potential Legal Crossroads (or Not)
By: R. Joseph Stennis, Jr.The “racial reckoning” prompted by the George Floyd and Breonna Taylor incidents in 2020 went ablaze all over America. Employers met the call for change by setting off a substantial surge in hiring Chief Diversity Officers and implementing Diversity, Equity & Inclusion (“DEI”) programs and policies for publicly traded and private…
USCIS Fees Are Increasing, But by How Much?
By: Glen W. KrebsSince 2016 fees paid to the U.S. Citizenship and Immigration Services (USCIS) for various immigrant and non-immigrant visas have remained consistent. In March of 2024, however, that is likely to change. In January of 2023, USCIS published a Notice of Proposed Rulemaking to increase the fees required to apply for various immigration…