Last November, United States Consulates initiated a policy of accessing nonimmigrant (H-1B, L-1, etc.) visa petitions through a new computerized report called the Petition Information Management Service (PIMS). The electronic PIMS record became the primary evidence required by Consulates to confirm petition approval and thereby authorize visa issuance. As the system had incomplete data, visa applicants often faced visa issuance delays ranging from a few hours to several days. While the number of delays caused by PIMS verifications has seemingly been reduced, issues remain.

Since enactment of Section 530 of the Revenue Act of 1978, the Treasury Department has been precluded from issuing guidance on how properly to classify workers. This may soon end if the Taxpayer Responsibility, Accountability, and Consistency Act (H.R. 5804) is enacted. It was introduced on April 15, 2008, by Democratic Representatives Jim McDermott, John Tiery, and Richard Neal, each of whom serves on the House Ways and Means Committee. H.R. 5804, among other things, would amend the Internal Revenue Code of 1986 (the “Code”) by adding a new Section 3511 containing rules regarding employers’ classification of individuals as independent contractors. Specifically, Section 3511 would limit the bases upon which an employer could reasonably rely in classifying an individual as an independent contractor. H.R. 5804 also would increase financial tax penalties for employers who misclassify workers as independent contractors without a reasonable basis.

All nonprofit healthcare entities sponsoring 403(b) plans for their employees need to pay attention to their plans and have them reviewed and amended before the end of 2008! On July 26, 2007, the IRS published new 403(b) regulations. The effective date is generally January 1, 2009. However, if a plan is maintained pursuant to a collective bargaining agreement, the effective date is the earlier of the expiration of the contract or July 26, 2010. In conjunction with the tax rules, the Department of Labor also issued a Field Assistance Bulletin (No. 2007-02) that describes when an employer has a 403(b) plan covered by ERISA. Finally, new and potentially enhanced reporting requirements will now apply to these ERISA-covered 403(b) plans.

The San Francisco Health Care Security Ordinance ("Ordinance”) requires employers to spend a minimum amount of money on health care expenditures for certain employees who work in San Francisco. The Ordinance became effective as of January 9, 2008 and is being enforced pending final decisions in the courts on its permissibility.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (Ogletree Deakins) announced today that Jim Micali, Michelin North America’s outgoing chairman and president, will serve as senior business advisor and counselor to Ogletree Deakins after his August 2008 retirement from Michelin. Micali, one of the country’s top corporate leaders, has been with Michelin since 1977, has served as Michelin North America’s chairman and president since 1996 and as a member of the Michelin Group’s worldwide Executive Council since 2001.

Jackson Lewis LLP, one of the country’s largest and fastest growing workplace law firms, has announced that Angel Castillo, Jr. has joined the firm as a partner in its Miami office. Formerly a partner at Ogletree Deakins, Mr. Castillo has over 25 years of practice in employment and other civil litigation and in domestic and international arbitrations. He is an AV rated attorney who has been selected by both the South Florida Legal Guide and Florida Super Lawyers as one of the top Labor and Employment lawyers in South Florida.