The H-1B visa program has come under intense public scrutiny over the last year. In response to perceived abuses in the H-1B program, President Trump issued the “Buy American, Hire American” executive order, which directed the Department of Homeland Security (DHS) to advance policies to help ensure H-1B visas are awarded to only the most-skilled

Release Did Not Bar Injured Worker from Bringing FMLA Claims Against Former Employer, Third Circuit Rules

The plaintiff in this case alleged that he was injured on or about August 12, 2014 while working as an employee of Boscov’s Inc. at a farmers’ market in Reading, Pennsylvania. The plaintiff immediately filed a worker’s compensation

The joint employer standard has long been a hotly contested issue because it is used to determine whether one employer may become liable for the employment actions and policies of another. On December 14, 2017, the National Labor Relations Board’s (NLRB) decision in  Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017) overruled its controversial

Plaintiffs’ Claimed Violation of California’s “Day of Rest” Law Fails

The plaintiffs in this case, former California employees of Nordstrom, Inc., a retail department store, sued the company, alleging that it had violated the provision of the California Labor Code granting employees a right to one “day’s rest” in seven.

One of the plaintiffs alleged that, while

The Trump Administration’s Department of Labor has proposed a new tip rule that could rescind a 2011 regulation enacted during the Obama administration that mandates employers distribute tips to their tipped employees. The proposed rule, which was published in the Federal Register on December 5, 2017, would allow restaurant owners to pool tips and share

California Federal Court Permits Plaintiff in ERISA Suit to Proceed Under a Pseudonym

The plaintiff in this case, appearing anonymously as John Doe, filed a lawsuit against Lincoln National Life Insurance Company alleging violations of the Employee Retirement Income Security Act of 1974 (ERISA). Specifically, the plaintiff alleged that, since June 12, 2013, he had been disabled,

The Trump Administration created new uncertainty in a recent Court filing by declaring its intentions to rewrite an Obama-era regulation designed to dramatically expand the number of workers covered by federal overtime rules. Employers have been left in limbo since last November when a federal district court issued a preliminary injunction that prevented the U.S.

On June 7, 2017, the United States Department of Labor rescinded two critical guidance memos issued during the Obama Administration, one conceived to curb the misclassification of employees as independent contractors and another that broadened liability for joint employment. These moves signal a shift toward less vigorous enforcement by the Department and a return to

On May 31, 2017, New York’s Department of Financial Services published the much anticipated final regulations for Paid Family Leave.  The regulations provide critical information that will help New York employers comply with these new legal requirements that are set to go into effect on January 1, 2018.  The law provides eligible employees with job-protected,

Employee Who Left Job Due to Terminal Illness Was Entitled to Severance Pay, Ninth Circuit Rules

The wife of the plaintiff in this case was employed by the American Society for Technion-Israel Institute of Technology (ATS) until her terminal illness forced her to leave her job. The plaintiff contended that his wife was entitled to severance