March 2023: E-Verify Records Disposal
Update Applicable to:All employers. What happened and what are the details?On June 24, 2023, USCIS will dispose of E‑Verify records that are more than 10 years old, which are those last updated on or before Dec. 31, 2012. E‑Verify employers have until June 23, 2023, to download case information from the Historic Records Report if […]
March 2023: USCIS Announces End of COVID-Related Flexibilities
Update Applicable to:All employers. What happened and what are the details?On March 23, 2023, the U.S. Citizenship and Immigration Services announced that certain flexibilities it first announced in March 2020 to address the COVID-19 pandemic would end on March 23, 2023. USCIS previously notified the public in its January 24, 2023, announcement that barring any changes presented […]
March 2023: USCIS Issues Clarifying Guidance on Eligibility for the O-1B Visa Classification
Update Applicable to:All employers with immigrant employees. What happened and what are the details?U.S. Citizenship and Immigration Services today issued policy guidance clarifying how it evaluates evidence to determine eligibility for O-1B nonimmigrants of extraordinary ability in the arts and nonimmigrants of exceptional achievement in the motion picture or television industry. Policy updates include adding a chart in the […]
March 2023: USCIS Issues Guidance on Analyzing Employers’ Ability to Pay Wages
Update Applicable to:All employers with immigrant employees. What happened and what are the details?On March 15, 2023, the U.S. Citizenship and Immigration Services today issued policy guidance on how we analyze an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications. Employers seeking to […]
March 2023: FTC Holds Public Forum on Proposed Rule Banning Use of Non-Compete Agreements
Update Applicable to:All employers. What happened?On January 5, 2023, the Federal Trade Commission proposed a new rule to implement a nationwide ban on using non-compete clauses in employment contracts. What are the details? The FTC cites significant evidence that non-compete clauses prevent workers from pursuing better job opportunities by decreasing competition, reducing wages, and inhibiting […]
March 2023: Board Rules that Employers May Not Offer Severance Agreements Requiring Employees to Broadly Waive Labor Law Rights
Update Applicable to:All employers. What happened?On February 21, 2023, the National Labor Relations Board issued a decision in McLaren Macomb, returning to longstanding precedent holding that employers may not offer employees severance agreements that require employees to waive their rights under the National Labor Relations Act broadly. What are the details? The decision reverses the […]
March 2023: New Whistleblower Intake Program Becomes Effective for OSHA-Administered Whistleblower Statutes
Update Applicable to:All employers. What happened?On February 17, 2023, the Occupational Safety and Health Administration’s (OSHA) Directorate of Whistleblower Protection Programs’ new whistleblower complaint intake pilot program (Directive 23-01 (CPL 02)) went into effect, governing complaints covered by OSHA-administered whistleblower statutes. What are the details? OSHA, which administers over two dozen whistleblower statutes, has seen a rising […]
March 2023: US Supreme Court Rules Employee Earning $200,000 per Year is Non-Exempt
Update Applicable to:All employers What happened?On February 22, 2023, the Supreme Court held that high-earning professionals must be paid on a salary basis to qualify for overtime-exempt status under the Fair Labor Standards Act (FLSA). What are the details and what should you do? Relevant Department of Labor regulations states that highly compensated employees are exempt from […]
March 2023: US Department of Labor Rule Rescission Returns to Longstanding Policy
Update Applicable to:All employers of contractors and subcontractors What happened?On February 28, 2023, the U.S Department of Labor announced the rescission of the rule “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption,” which has been in effect since January 8, 2021. What are the details? The rescission ensures a return to the department’s […]
February 2023: USCIS Redesigns Green Card and Employment Authorization Document
Update Applicable to:All employers with employees with green cards or employment authorization documents. What happened?On January 30, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced a redesign of permanent resident cards (green cards) and employment authorization documents (EADs). What are the details? The new cards feature state-of-the-art fraud protection technology that aims to combat […]
