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DOL Modifies Test for Unpaid Interns
January 19, 2018
Over the past 20 years the U.S. Department of Labor (“DOL”), state labor departments, and the courts have substantially narrowed the definition of an “intern” for purposes of the Fair Labor Standards Act (“FLSA”) and its state law counterparts.  The rules changed again this week.
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EEOC, NLRB and DOL Shutdown Contingency Plans – The 2018 Edition
January 19, 2018
Here we are again on the brink of another possible federal government shutdown, and employers may be wondering how it may impact them.
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Start Planning Now For The Upcoming H-1B Visa Filing Deadline
January 19, 2018
Employers looking to hire foreign workers in certain professional positions that require an H-1B visa would be wise to begin the process early in 2018.
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Fabricated Texts? Something Else for Employers to Be Aware Of…
January 18, 2018
In Lee vs. Trees, Inc., the court threw out an employee’s Title VII lawsuit because she had submitted fabricated texts, supposedly from her supervisor, to support her claims of sexual harassment and retaliation.
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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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