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On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in connection with an industry group lawsuit against both the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL). The judge found that both Departments failed to properly follow standard U.S. legal procedures governing …
Continue reading “Important Update on Recent DHS and DOL Rule Changes to the H-1B Program”
With the exception of certain low-risk industries, many employers with more than 10 employees, especially those employers engaged in manufacturing, are required under law to keep a record of serious work-related injuries and illnesses. In our current climate, questions arise: is COVID-19 a “recordable illness?” And under what circumstances should employers record? Under its May …
On Wednesday, May 20, 2020, Jeff Beemer and I conducted a webinar of the same title as this blog, which you can register to access here. In that webinar, we discussed the top concerns employers face as they seek to re-open their businesses under the relaxed stay-at-home orders and re-up their workforces. This blog will …
Continue reading “What Employers Can Expect When Re-Opening Amidst COVID-19”
The Department of Labor (“DOL”) has proposed a new safe harbor to allow employers to furnish information to participants and beneficiaries subject to ERISA. While it is a welcome update to the DOL’s woefully outdated disclosure rules previously covered on our All Things HR Blog, there are numerous technical details and exceptions, which each employer …
Labor Condition Applications must be filed under the new DOL’S FLAG System As part of the U.S. Department of Labor’s (“USDOL”) technology modernization initiative, the FLAG System (Foreign Labor Application Gateway) was developed to replace the legacy iCert system with the USDOL’s stated goal of improving customer service, and modernizing the administration of foreign labor …
Continue reading “Recent Changes to the H-1B Specialty Worker Program”
30 FAQs about the New Rule The Department of Labor (“DOL”) unveiled the final version of its overtime exemption rule (the “Rule”), which sets the annual salary threshold for exempt employees to qualify for the Fair Labor Standards Act’s (“FLSA”) white-collar exemptions at $35,568 per year or $684 a week, an increase from the current …
With immigration enforcement in the news, some employers may be wondering what responsibilities they have related to their retirement plans, if an employer discovers that an employee lacks documentation authorizing the employee to work in the United States legally. While there is not clear guidance in this regard, it appears to be inconsistent with ERISA …
As I have discussed previously on Dickinson Wright’s All Things HR Blog, the Department of Labor’s (“DOL”) disclosure regulations with respect to electronic disclosure of ERISA plan-related documents and notices are woefully out of date, not having been updated in more than fifteen years. For example, the basic DOL rule continues to be that employers …
Many employers erroneously classify workers who should be employees as independent contractors, due to the significant tax savings. However, misclassification cases present major risks. The independent contractor status for a worker is not favored by the IRS, the Department of Labor (DOL), the states, and many agencies within the states including those enforcing workers’ compensation …
Continue reading “Employers Beware: Misclassification Cases are Costly and Common”
March and April will be critical months for employers who sponsor ERISA-governed employee benefit plans that provide benefits subject to the disability claim procedures. Any claims filed after April 1, 2018 will be subject to a new final rule issued by the Department of Labor (“DOL”) in December of 2016. Plans subject to these rules …