Employers' Lawyers Blog
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The Employers' Lawyers Blog offers the latest legal news and commentary on issues affecting today's employers. Their Labor and Employment team posts best practice tips, checklists and updates designed to keep organizations of all sizes in compliance with federal and state employment laws.
Employers' Lawyers Blog
2d ago
By Samantha Wolfe As the dust settles from the 2024 US presidential election, businesses with a significant international workforce are bracing for potential shifts in immigration policy. Former President Donald J. Trump’s return to office signals a likely shift towards more restrictive immigration measures, similar to his first administration’s policies and perhaps more expansive. With immigration ..read more
Employers' Lawyers Blog
2w ago
By Samantha Wolfe As we move through Fall 2024, employers navigating the PERM labor certification process face a range of challenges. The process—essential for sponsoring foreign workers for permanent residency—has become more complex due to funding shortfalls at the Department of Labor’s Office of Foreign Labor Certification (OFLC), increased scrutiny of applications, and longer processing times ..read more
Employers' Lawyers Blog
2w ago
by JT Washington Election season is here. In many states, early voting has already started or will soon begin. It is crucial for Nevada employers to understand their obligations regarding employees with Election Day approaching in just a couple weeks. While federal law may not mandate employers to grant employees time off to cast their votes ..read more
Employers' Lawyers Blog
2w ago
By Steven Eheart Question: We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Answer: Great question; complicated answer. The answer is complicated because a question about FMLA leave is always the start of a longer conversation about ..read more
Employers' Lawyers Blog
2w ago
By Steven Eheart On January 12, 2024, the federal Tenth Circuit Court of Appeals asked the Colorado Supreme Court to clarify whether, under Colorado law, holiday incentive pay must be included when calculating an employee’s regular rate of pay. On September 9, 2024, the Colorado Supreme Court responded: yes, it must be included. The Regular Rate ..read more
Employers' Lawyers Blog
3w ago
By Samantha Wolfe Portugal’s recent addition to the U.S. Department of State’s E-2 Treaty List has created a valuable opportunity for both Portuguese citizens and Brazilians with dual citizenship. For entrepreneurs and investors seeking to expand their business horizons into the United States, this development opens a new, strategic pathway, particularly for Brazilian nationals who hold ..read more
Employers' Lawyers Blog
3w ago
by Leslie Perkins and Greg Saylin The Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing anti-discrimination laws, has been increasingly active in addressing compliance with regulations affecting pregnant workers. This has been particularly evident in fiscal year 2024, as the EEOC has already filed five cases under the Pregnant Workers Fairness Act (PWFA ..read more
Employers' Lawyers Blog
1M ago
by JT Washington Today, technology and social media are integral parts of our daily lives. Social media has transformed how we communicate and express ourselves. However, this transformation has brought new challenges, particularly in the workplace, where online behavior can have significant repercussions. Recent legal cases have demonstrated what happens on social media does not always ..read more
Employers' Lawyers Blog
1M ago
by Alex Smith Over the past year, numerous employers and their 401(k) plan fiduciaries have faced lawsuits regarding how forfeited employer contributions to their 401(k) plan are utilized. This wave of lawsuits began approximately a year ago when a plaintiff’s law firm filed putative class action lawsuits raising this novel claim against multiple large employers, including ..read more
Employers' Lawyers Blog
1M ago
By Dana Dobbins Question: Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment? Answer: No, employees do not need to be employed for 12 months or work a minimum threshold of hours before ..read more