Employment & Labor


Trump Administration Proposes Changes to H-1B Lottery
January 3, 2019 | Henry M. Mascia | Employment & Labor
The public comment period for the Department of Homeland Security’s (DHS) proposed changes to the H-1B lottery system has now closed.  U.S. companies filing H-1B visa petitions must typically enter a lottery because the law caps the number of H-1B visas that DHS can issue each year. The proposed rule would make two important changes …
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Suffolk Prohibits Employers from Asking Applicants about Prior Compensation
December 6, 2018 | Kenneth A. Novikoff | Brian S. Conneely | John K. Diviney | Scott R. Green | Keegan B. Sapp | Tamika Hardy | Employment & Labor
Suffolk County will now join New York City, Albany County and Westchester County, in prohibiting employers from inquiring into the salary and benefits history of job applicants. The intent of the new law is to reduce pay inequality for women and minorities. Effective June 30, 2019, an employer, employment agency, employee or agent in Suffolk …
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USCIS Clarifies 1-Year Foreign Employment Requirement for L-1 Visas
December 4, 2018 | Henry M. Mascia | Employment & Labor | Corporate
The United States Citizenship and Immigration Services (USCIS) has issued a policy memorandum clarifying the one-year foreign employment requirement for an L-1 visa for intracompany transferees. Previously, USCIS inconsistently applied this requirement when a foreign national was in the United States in one status but sought to change to L-1 status. An L-1 visa permits …
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New Jersey Paid Sick Leave Act Takes Effect
October 30, 2018 | John K. Diviney | John J. Robertelli | Employment & Labor
As a reminder, effective October 29, 2018, New Jersey employers – regardless of size – must provide up to 40 hours of paid sick leave in any consecutive 12-month period designated by the employer as the “Benefit Year” pursuant to the New Jersey Paid Sick Leave Act (the “Act”). The Act applies to almost all …
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New York State Issues Final Guidance Regarding New Sexual Harassment Standards
October 4, 2018 | Kenneth A. Novikoff | Brian S. Conneely | John K. Diviney | Keegan B. Sapp | Employment & Labor
As we previously reported in June 2018 (see https://www.rivkinradler.com/publications/new-sexual-harassment-legislation-applies-to-almost-all-ny-employers/), New York State lawmakers passed aggressive new legislation designed to stop sexual harassment in the workplace.  The changes included requiring employers to implement sexual harassment prevention policies and training. In August 2018, New York State drafted a model sexual harassment policy and training requirements.  After the …
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Employee Relations Law Journal – From the Courts
September 7, 2018 | Ian S. Linker | Insurance Coverage | Employment & Labor
Sixth Circuit Affirms Dismissal for Failure to Exhaust Plan’s Administrative Remedies Courts interpreting the Employee Retirement Income Security Act of 1974 (ERISA) have long held that a claimant seeking benefits under an employee benefit plan must exhaust the plan’s administrative remedies before he or she can file suit. A recent decision by the U.S. Court …
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Employee Benefit Plan Review – From the Courts
| Ian S. Linker | Insurance Coverage | Employment & Labor
ERISA Does Not Permit Plaintiffs to Rely on Same Allegations to Seek Both Equitable Relief and Benefits The Employee Retirement Income Security Act of 1974 (ERISA) permits a plaintiff to seek equitable relief and to seek benefits. But can a plaintiff assert separate claims for equitable relief and benefits based on the same allegations? A …
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NYS Releases Model Anti-Sexual Harassment Policy and Training
August 28, 2018 | Kenneth A. Novikoff | Brian S. Conneely | John K. Diviney | Scott R. Green | Employment & Labor
On Friday, August 24, 2018, the New York State Division of Human Rights and the New York Department of Labor issued their proposed model anti-sexual harassment policy and model anti-sexual harassment training program. Every New York State employer must promptly adopt and distribute an anti-sexual harassment policy to all employees. Every New York State Employer must also …
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NYC to Require Employers to Grant Temporary Schedule Changes for Personal Events
July 12, 2018 | Scott R. Green | Keegan B. Sapp | Employment & Labor
Effective July 18, 2018, New York City employers will be required to allow employees who have been employed for at least 120 days and who work at least 80 hours in New York City in a calendar year to make two (2) temporary schedule changes per year for certain personal events. Introduction No. 1399-2016 (commonly …
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Employee Relations Law Journal – From the Courts
June 19, 2018 | Ian S. Linker | Employment & Labor | Insurance Coverage
Fifth Circuit Affirms Decision Denying Attorney’s Fees to Insurer in ERISA Action A party in a case under the Employee Retirement Income Security Act of 1974 (ERISA) may be eligible to recover its attorney’s fees under 29 U.S.C. § 1132(g)(1) if it achieved “some degree of success on the merits.” District courts have broad discretion …
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