News, Insights, and Strategies for Employers from Jackson Lewis
The Department of State (DOS) has provided more details to the Consulates on the national interest exemption under President Donald Trump’s June 22, 2020, executive order.
The “Presidential Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” bars holders of certain visas from entering the U.S.…
With a breakdown in talks on the latest COVID-19 stimulus package and with most senators and representatives out of town (though the House has been recalled from vacation to address the U.S. Postal Service crisis), USCIS has not received the $1.2 billion that it wants and says it needs to avoid furloughing two-thirds of its…
There have been rumors floating that USCIS might be selecting more H-1B cap registrations for the FY 2021 cap. Those rumors appear to be true. As of August 14, 2020, registrants have received emails with notifications of further selections. A USCIS spokesperson said, “that full visa petitions for those selected in the second round…
On August 12, 2020, the U.S. Court of Appeals for the Second Circuit limited the nationwide injunction on the Department of Homeland Security’s Public Charge Rule to three states: Connecticut, New York, and Vermont.
Since August 14, 2019, exactly one year ago today, when DHS published the final version of the new Public Charge Rule…
A 401(k) plan and its administrators are defending the administrator’s decision to require a special valuation of former employees’ account values, given extraordinary market changes due to the COVID-19 pandemic. Under the terms of the plan at issue, when a former employee seeks a distribution of his or her plan account, the account is typically…
Assuming there is no further stalling or litigation by the government, Employment Authorization Documents (EADs) may finally be on their way to approximately 75,000 foreign nationals who have been waiting for them, in some cases for months, after having approved application notices in hand.
In Subramanya v. USCIS, federal District Judge Algenon L. Marbley issued…
At the end of July, the Department of Industrial Relations (“DIR”) released guidance to assist with the safe reopening of businesses in light of the ongoing COVID-19 pandemic. The guidance covers the following topics:
The…
Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue, attorneys in the Class Actions & Complex Litigation Practice Group discuss the most pressing workplace class action litigation risks arising from the COVID-19…
To assist with protecting the essential workers who work in the agricultural industry, California’s Department Industrial Relations Division of Occupational Safety and Health (“Cal OSHA”) issued updated guidance on coronavirus (“COVID-19”) infection prevention procedures for employers in the agricultural industry.
While the guidance does not impose new legal obligations on employers, the guidance is meant…
New Yorkers can once again register for Trusted Traveler Programs.
However, registrants should note that, due to COVID-19, Trusted Traveler Enrollment Centers are closed until at least September 8, 2020.
In early February 2020, the Department of Homeland Security (DHS) prohibited New Yorkers from registering or re-registering for Trusted Traveler Programs, including Global…
