Employment & Labor

New Rules for Premium Visa Processing and H-1B Data Hub
March 20, 2019 | Henry M. Mascia | Employment & Labor | Immigration
On March 19, 2019, the United States Citizenship and Immigration Services (USCIS) announced two major changes to the H-1B visa program. First, USCIS will allow a modified form of premium processing for H-1B visa petitions that are subject to the annual cap (“cap-subject H-1B petitions”). In the past two years, USCIS had suspended premium processing …
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2nd Circuit Finds Hostile Work Environment Claims Can Be Brought under the ADA
March 11, 2019 | Cali L. Eckler | Jonathan B. Bruno | Employment & Labor
On March 6, 2019, the U.S. Court of Appeals for the Second Circuit joined its sister Circuits and held for the first time that hostile work environment claims are cognizable under the Americans with Disabilities Act (ADA), opening the door for employees in New York, Connecticut and Vermont to make such claims. In the case …
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What Employers Need to Know Now about H-1B Visas
March 6, 2019 | Henry M. Mascia | Employment & Labor | Immigration
It is now H-1B visa season, meaning that the U.S. Department of Homeland Security (DHS) is accepting H-1B visa applications from April 1st to April 5th. The H-1B visa program has come under intense public scrutiny over the last two years. In response to perceived abuses in the H-1B program, President Trump issued the “Buy …
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DHS Proposes Termination of H-4 Work Authorization
February 28, 2019 | Henry M. Mascia | Employment & Labor | Immigration
On February 20, 2019, The Department of Homeland Security (DHS) sent the Office of Management and Budget a proposed rule that would eliminate the work authorization for those present on an H-4 visa. The proposed termination of work authorization has the potential to drastically affect the companies that employ H-4 workers. Proactive employers can avoid a disruption …
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Employee Benefit Plan Review – From The Courts
February 19, 2019 | Ian S. Linker | Employment & Labor | Insurance Coverage
11th Circuit Holds ERISA Plan’s Anti-Assignment Provision Bars Third-Party Doctor’s Claim for Reimbursement for Services  The Employee Retirement Income Security Act of 1974 (ERISA) provides that plan participants and plan beneficiaries may bring a private civil action to recover benefits due under the terms of a plan, to enforce rights under a plan, or to …
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Trump Administration Implements Major Changes to H-1B Lottery System
January 30, 2019 | Immigration | Employment & Labor
On January 31, the Department of Homeland Security (DHS) will publish a final rule changing the H-1B lottery system. The final rule implements the proposed two changes discussed earlier here. According to the DHS announcement, “The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular …
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Proceed with Caution on Autonomous Vehicles
January 22, 2019 | Michelle A. Bholan | Privacy, Data & Cyber Law | Commercial Litigation | Employment & Labor
Waymo – the self-driving technology subsidiary of Google parent Alphabet Inc., – launched a self-driving taxi service in Phoenix at the end of 2018. As companies continue to speed into the autonomous vehicles space, the birth of this industry is raising unprecedented issues. Policy-makers, insurers, automobile manufacturers, employers, and others are encouraged to begin considering …
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Trump Administration Proposes Changes to H-1B Lottery
January 3, 2019 | Henry M. Mascia | Employment & Labor | Immigration
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 | Corporate | Employment & Labor | Immigration
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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