As employers continue to try to find ways for essential nonimmigrants and their dependents to be issued H-1B, H-2B, L-1, and J-1 (intern, trainee, teacher, camp counselor, au pair, or summer work travel program) visas subject to Presidential Proclamation 10052 (Proclamation 10052), on August 12, the State Department updated its list of examples (August 12 …
EEOC RESUMES ISSUANCE OF CHARGE CLOSURE DOCUMENTS
On August 3, 2020, the United States Equal Employment Opportunity Commission (EEOC) announced that it will resume issuing charge closure documents. The EEOC had suspended issuing charge closure documents on March 21, 2020 due to the pandemic, unless a charging party requested closing charge documents be issued. Although the EEOC has continued to investigate cases, …
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ACA Affordability Threshold for 2021 Announced
The IRS recently announced the ACA affordability threshold for 2021 at 9.83%, a small increase from the 2020 level of 9.78%. In order to avoid triggering a penalty under Section 4980H(b) of the Internal Revenue Code (the “Code”), an applicable large employer must offer full-time employees health plan coverage that provides minimum value and is …
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“I Lost the H-1B Lottery… Now What?” Four Nonimmigrant Visa Alternatives to Employ for Foreign Professionals
Every year, U.S. employers seeking to employ foreign nationals petition United States Citizenship and Immigration Services (“USCIS”) for work authorization under the H-1B visa program. Employment positions qualify for an H-1B visa when the job requires (1) theoretical and practical application of a body of highly-specialized knowledge and (2) attainment of a bachelor’s or higher …
Determining When a COVID-19 Illness is “Work-Related” and “Recordable” Under OSHA Guidance
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 …
U.S. Supreme Court Extends Title VII Protections to LGBTQ Employees
On June 15, 2020, the United States Supreme Court, in the case of Bostock v. Clayton County, Georgia, affirmatively answered the long-awaited question of whether Title VII of the Civil Rights Act of 1964 (“Title VII”) protection extends to LGBTQ employees. In a 6-3 decision, the court held that an employer who terminates an employee …
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USCIS COVID-19 Response: An Overview of the Resumption of In-Person Services
On March 18, 2020, United States Customs and Immigration Services (“USCIS”) temporarily suspended in-person services at their field offices, asylum offices and application support centers (ASCs) in response to the coronavirus (COVID-19). USCIS, however, continued to accept petitions, applications and requests while the offices were closed, and continued to perform all work not requiring in-person …
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“Good Faith” Immunity to COVID-19 Lawsuits in Ontario
On June 17, 2020, the Government of Ontario indicated an intention to join the list of jurisdictions that have enacted legislation protecting businesses from lawsuits related to the COVID-19 pandemic. The government has been short on specifics as to what sectors of the economy might be covered by such legislation, and how it might affect …
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Preparing for the Worst: Issues in Employment Law for Re-Opening Businesses
Businesses are gradually starting to re-open around the United States. While the past months have been unprecedented and created numerous challenges for employers, it is important to remember that employment laws generally do not have any exceptions for pandemics. For example, even though older persons appear to be more susceptible to COVID-19, employers may not …
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What Employers Can Expect When Re-Opening Amidst COVID-19
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 …
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