Tuesday, July 7, 2026Labor & Employment Law
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Indiana
Indiana continues to move through its five-stage, “ Back on Track ” plan to reopen the state. Stage 4 is set to begin on June 12, 2020.
Federal Gov't - EEOC
Amidst sweeping calls for racial justice and equality, the U.S. Equal Employment Opportunity Commission (EEOC) has unveiled a new webpage regarding Commissioner charges and directed investigations.
Immigration - Visas
Journalists and airlines are the two latest groups affected by the deterioration in the relationship between China and the United States. Since the “tariff wars” and the onset of COVID-19, the relationship between China and the United States has become ever more complicated. In early May, the Trump
Immigration - Visas
The Trump Administration has talked about reforming the F-1 Optional Practical Training (OPT) program for years. It first appeared on the 2017 DHS Regulatory Agenda as a proposed new rule . The stated purpose of the rule was to increase protections for U.S. workers through additional oversight and t
Immigration - Visas
A bi-partisan group has introduced a new bill in both the House and the Senate that would make additional immigrant visas (green cards) available to doctors and nurses. The Healthcare Workforce Resilience Act (HWRA) would ease the long wait lines for green cards that make the U.S. a less attractive
Labor Law - Union Organizing
U.S. District Court Judge Ketanji Brown Jackson of the District of Columbia has issued a detailed memorandum opinion explaining the reasoning behind her May 30, 2020 order granting summary judgment invalidating portions of the National Labor Relations Board’s (NLRB) revised rules for representation
HR - Viruses
As a result of the COVID-19 pandemic, fully remote depositions have become necessary and employment lawyers are quickly adjusting. Below are some areas to consider when taking a remote deposition.
Immigration - Visas
USCIS has entered into a broad settlement agreement that requires it to withdraw certain H-1B policies. H-1B denials have skyrocketed since 2017 , especially following enactment of the “Buy American, Hire American” Executive Order. In February 2018, USCIS issued further guidance specifically placing
Labor Law - Union Organizing
The National Labor Relation Board (NLRB) has implemented several parts of its new election rule. U.S. District Court Judge Ketanji Brown Jackson enjoined parts of the rule that, in her view, were not lawfully promulgated. AFL-CIO v. NLRB, No. 20-CV-0675 (D. D.C. May 30, 2020). For more on the ruling
Immigration - Visas
Premium processing will resume in stages according to USCIS . Cap-subject H-1B petitions will be included only in the last phase. June 1, 2020: USCIS will accept requests for premium processing for all eligible Form I-140 Immigrant Visa Petitions. EB1-C Multi-National Manager or Executive and EB2 Na
Immigration - Visas
In addition to the COVID-19-related travel restrictions and consular closures , Chinese graduate students and post-doctoral researchers will now face another hurdle in coming to the U.S. As of noon (EDT) on June 1, 2020, President Donald Trump’s “Proclamation on the Suspension of Entry as Nonimmigra
Labor Law - Union Organizing
The United States District Court for the District of Columbia has blocked several of the provisions of the National Labor Relations Board’s (NLRB) new election rule. Judge Ketanji Brown Jackson court held that those aspects of the new rule were not lawfully promulgated, because the NLRB did not foll
Immigration - Visas
To support the Trump Administration’s COVID-19 reopening policies, Chad F. Wolf, the Acting Secretary of Homeland Security, signed an order exempting some foreign professional athletes (and their staff and dependents) who compete in certain leagues, from the COVID-19 travel restrictions that are in
Immigration - General
USCIS has announced that, due to the COVID-19 pandemic, it has suffered a steep decrease in revenue and, without assistance, might run out of funding this summer. The agency has asked Congress for $1.2 billion in emergency relief (as a loan) along with a 10% COVID-19 surcharge (to repay the
HR - Viruses
As businesses begin to reopen after shutdowns to help stop the spread of the COVID-19 pandemic, employers should anticipate heightened scrutiny by USCIS, ICE, and the Departments of Labor and Justice regarding wage and hour and immigration requirements.
Labor Law - Unfair Labor Practices
The Division of Judges of the National Labor Relations Board (NLRB) has announced it is going to resume holding unfair labor practice hearings beginning on June 1, 2020. The Division had postponed all hearings during May for COVID-19-related reasons. It appears the NLRB expects to hold most hearings
Immigration - Employment Eligibility
ICE has announced that its flexibility regarding the physical presence requirements for I-9 inspection will be extended for another 30 days, until June 18, 2020 due to continued COVID-19 precautions. The terms and details of this flexibility remain the same. Basically, eligible employers may continu
HR - Viruses
On May 11, 2020, the IRS issued guidance about how to return an Economic Impact Payment (EIP), also known as a COVID-19 stimulus payment. Ineligible individuals who receive EIPs are required to return them.
HR - Viruses
The persistent problem of undocumented workers presenting plausible (but ultimately fraudulent) employment verification documents to employers has taken a new twist in the COVID-19 pandemic: a rise in imposter claims for unemployment insurance. Imposter claims are a type of identity theft; someone u
Immigration - Visas
It has been five years since Save Jobs USA, a group of technology workers who claim to have been displaced by foreign nationals with H-4 EADs challenged the Obama Administration’s authority to enact the H-4 EAD Rule. In the years since that filing, the case has gone back and forth