Summary of Employee Benefits Provisions in CARES Act (as passed by U.S. Senate)

On March 25, 2020, the Senate passed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, as a follow-up to the Families First Coronavirus Response Act.  The Act contains a number of employee benefits related provisions to address the COVID-19 emergency.  The House of Representatives intends to take up the legislation on March 27, 2020.  …

DHS Announces Remote I-9 Completion and Suspension of Audit Responses due to COVID-19

With all of the dark news surrounding COVID-19, the Department of Homeland Security (DHS) deserves a “thank you” from employers for their logical announcement related to Form I-9 compliance issues on March 20. The main points in the announcement are outlined below: Remote Completion of Section 2 of Form I-9 For completion of Section 2 …

Employer Actions for 401(k) Plans Sickened by Coronavirus

The realities of the Coronavirus (Covid-19) pandemic have quickly and dramatically changed the way we work, shop, seek health care, and interact with each other.  Unfortunately, the impact of the virus on the economy and investment markets has been just as severe.  We have seen increased market volatility, the end of a long bull market, …

CORONAVIRUS (COVID-19) PRECAUTIONS FOR EMPLOYERS

It is now impossible to avoid the reality that the coronavirus disease 2019 (COVID-19, the “coronavirus”), is a “public health emergency of international concern,” according to the Centers for Disease Control and Prevention (“CDC”).[i] As of publication, the coronavirus is not spreading in the community in the United States.[ii] The CDC reports that the immediate …

Risky “Business”: A Refresher on Permissible (and not so permissible) Activities in B-1 Business Visitor Classification

Have you ever had any foreign nationals “visit” your company from one of your entities outside the U.S.?  Did you help the foreign national visitor fit right in and seem like part of your team and like any other employee?  Did you allow him/her to conduct their regular activities in the same way they do …

Employer Tips: Preparing for FY 2021 H-1B Season and Pre-Lottery Registration

The H-1B process for fiscal year 2021 presents employers and their legal counsel with a variety of new timing and process challenges in addition to potential cost savings.  The major change of note will be the insertion of a new registration process, which will be imposed starting on March 1, 2020 and ending on March …

Employers Should Be Aware of Where They Advertise – Social Media Platforms are Being Scrutinized

The internet age has opened up seemingly countless digital platforms for employers and employees to use in seeking to fill, and applying for, open positions.  Many employers use Indeed, Quikr, CareerBuilder, Glass Door, LinkedIn – the names are endless – to post jobs and look for employment candidates.  Given the prevalence of such platforms, the …

The Sixth Circuit Rules on What Constitutes “Similarly Situated”

On November 13, 2019, the United States Court of Appeals for the Sixth Circuit issued a recommended for full-text publication opinion that analyzed and decided the concept of what it means to be “similarly situated” in the context of proving a prima facie case of discrimination.  In Johnson v. Ohio Department of Public Safety, the …