Blog

Blog

Federal Injunction Results in Reinstatement of DACA Application
January 15, 2018
In response to last week’s nationwide injunction entered by Judge William Alsup of the Federal District Court in San Francisco, U.S. Citizenship and Immigration Services (USCIS) announced on Saturday that it has resumed acceptance of renewal requests for Deferred Action for Childhood Arrivals (DACA) program benefits from eligible individuals.
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Affordable Care Act (ACA) 1094-C/1095-C Reporting and Employer Mandate Update
January 12, 2018
Similar to notices issued in prior years, the IRS has once again issued a notice granting an extension for providing employees a copy of Form 1095-C.
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The ADA Under Attorney General Sessions
January 11, 2018
Just before the holidays, Attorney General Jeff Sessions announced that the Department of Justice was rescinding 25 documents that the agency considered to be unnecessary, inconsistent with existing law, or otherwise improper.
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The Importance of Consideration When Altering Employee Compensation Packages
January 11, 2018
A question that often arises in the employment setting is whether an employer can change the terms of an agreement it has with its employee(s) without giving any consideration for such a change.
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IRS Will Again Impose No Penalties on Timely Affordable Care Act Filings, Even if Incomplete or Incorrect; Deadline for ACA Employee Notices is Extended
January 10, 2018
The IRS has announced that it will continue its past policy of imposing no penalties on Employers who make good faith, timely efforts to meet their filing requirements under the Affordable Care Act (ACA).  An extension on the due date for employee notices will also be continued.
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U.S. Department of Labor Changes Course on Interns
January 9, 2018
In 2011, we alerted employers to the issue of unpaid interns bringing claims and lawsuits for unpaid wages, alleging that they qualified as employees entitled to the minimum wage and overtime protections of the Fair Labor Standards Act (FLSA) and corresponding state law.
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Immigration: Are Changes to H-1B Extensions Beyond the 6th Year Imminent?
January 5, 2018
Over the last two days, the media has been reporting that the Department of Homeland Security (DHS) is considering aggressive new measures that would potentially reduce or eliminate certain H-1B extensions available under the American Competitiveness in the Twenty-First Century (AC21) Act to individuals seeking green cards who are in lengthy backlogs.
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What Is a “Bomb Cyclone,” and Do We Have to Pay Employees Who Miss Work Because of the Weather?
January 4, 2018
For those of us who have lived in New England for all or most of our lives, we’re used to hearing a lot of different names for our not-uncommon winter storms.  But the term “bomb cyclone” is a new one.
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The Federal Government Is Challenging State Legalization of Marijuana – What Does This Mean for Employers?
January 4, 2018
Only days after California started selling recreational pot, which had been legalized under state law, CNN reported that Attorney General Jeff Sessions will announce that he is rescinding Obama-era guidance that had set forth a policy of federal non-interference with state legalization laws.
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Reminder: NY Paid Family Leave Effective January 1
January 2, 2018
On January 1, New York State’s Paid Family Leave (“PFL”) Legislation went into effect. As a reminder, the law requires employers to include written PFL policies in their employee handbooks or other employee guidance and to post a notice about their PFL coverage in the workplace; a copy of the required poster can be obtained from the employer’s PFL insurance carrier.
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Oregon: New Timeframes for Responding to Public Records Requests
December 29, 2017
During the 2017 legislative session, the Oregon Legislature passed Senate Bill 481 which amends the current public records process and timelines.  Prior law required completion of the records request “as soon as practicable without unreasonable delay.”  The new law, effective January 1, 2018, retains that requirement, but adopts specific timeframes for acknowledging and responding to public records requests.
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NLRB Dismantles Former Board’s Handbook Rule: What Does This Mean for Employers?
December 28, 2017
For 8 years, the Obama-era Board scrutinized employer handbooks and held that facially neutral policies and rules maintained by employers (i.e., rules that, as written, did not target protected activity) were violations of the National Labor Relations Act (NLRA) if an employee could “reasonably construe” the policy or rule to prohibit a right protected under the NLRA.
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Tweets Follow

Dec 14

New @SHRM Court Report: Emojis Deemed Harmless but Retaliation Claim Advances: https://t.co/TNFU7j2Yb5

Dec 13

New @SHRM Court Report: Job Abandonment Was Effective Defense to Wrongful Discharge Claim: https://t.co/MPEEbRHy5O

Dec 12

21C Workplace Success Begins with a Handshake (and Eye Contact)! https://t.co/pM4pX5TLcm