Each government agency has set its own standard for determining whether a worker is properly classified as an employee or an independent contractor. Employers need to take into account the tests used by different federal...more
On August 3, 2020, the Federal District Court for the Southern District of New York issued a decision in State of New York v. United States Department of Labor, et al. In this case, the State of New York claimed that the...more
On March 31, the United States Department of Labor (“DOL”) issued its temporary rule implementing the Families First Coronavirus Response Act (“FFCRA”), including the paid-leave benefits provided in the Emergency Paid Sick...more
Since the Families First Coronavirus Response Act (“FFCRA”) was passed into law on March 18, 2020, crucial questions about the Act’s requirements have remained unanswered. Yesterday (on March 26, 2020), the United States...more
US companies that employ foreign students in F-1 STEM (Science, Technology, Engineering and Math) Optional Practical Training (OPT) status should be aware of a recently announced practice by Immigration and Customs...more
The annual H-1B cap season will be opening April 2, 2018. As usual, the application window period is 5 business days. 65,000 H-1B visas are allotted every year....more
In an unexpected decision, on Tuesday, November 22nd, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against implementation of the Department of Labor’s (“DOL’s”)...more
Federal contractors must provide their employees up to seven days of paid sick leave each year under a final rule published September 30, 2016, by the U.S. Department of Labor (“DOL”). The DOL estimates that the final rule...more
Certain provisions of the Occupational Safety and Health Administration’s (“OSHA’s”) new reporting Rule, which go into effect on August 10, 2016, implicate employers’ post-injury and post-accident drug-testing policies. As...more
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has issued a long-awaited update to the rules that prohibit sex discrimination by federal contractors. The changes take effect on August...more
In December 2014, we highlighted the challenges that employers have been facing in ensuring that their wellness programs are not in violation of the Americans with Disabilities Act (ADA), the Genetic Information...more
5/1/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
NPRM ,
Popular ,
Title VII ,
Wellness Programs
Perez v. Mortgage Bankers Assn., No. 13 1041: On Monday, March 9, 2015, the Court ruled that a longstanding decision from the DC Circuit under the Administrative Procedure Act (“APA”) was incorrectly decided in contravention...more