NLRB’s Joint Employer Rule Vacated by Texas Court
Wyatt Employment Law Report
by Dianne Schifferdecker
2w ago
Written by: Sharon Gold Late Friday, U.S. District Court Judge J. Campbell Barker of the Eastern District of Texas vacated the National Labor Relations Board’s (“NLRB”) controversial 2023 Joint Employer Final Rule.  The 2023 Final Rule revised the standard under the National Labor Relations Act (“NLRA”) to determine whether two entities are joint employers and, thus, subject to bargaining and joint and several liability under the Act.  The prior standard from 2020 provides that an entity must have substantial direct and immediate control over another company’s employees in order to ..read more
Visit website
Lawsuits Challenge DOL’s New Independent Contractor Rule
Wyatt Employment Law Report
by Dianne Schifferdecker
1M ago
Written by: Michelle Wyrick Groups opposed to the United States Department of Labor’s (“DOL’s”) new independent contractor rule have filed lawsuits challenging the rule, which is set to take effect on March 11, 2024.  What does the new rule do?  The new DOL independent contractor rule, which was published on January 10, 2024, makes it more difficult to classify workers as independent contractors under the Fair Labor Standards Act (“FLSA”), which governs entitlement to overtime pay, among other things.  The rule rescinds the more employer-friendly 2021 test that was implemented ..read more
Visit website
USCIS Final Fee Increase
Wyatt Employment Law Report
by Dianne Schifferdecker
1M ago
Written by: Glen W. Krebs The U.S. Citizenship and Immigration Services (“USCIS”) has released a final rule regarding fee increases for various immigrant and non-immigrant visas. The rule, released on January 30, 2024, is the first fee increase for USCIS since 2016. The new fee increases will go into effect on April 1, 2024; note that any applications postmarked prior to April 1, 2024 will use the current fee schedule. The fee increases will be used to assist USCIS in covering its operating costs and support timely processing of new applications. The fee increase was first proposed in January ..read more
Visit website
NLRB Delays Effective Date of the Controversial Joint Employer Rule to February 26, 2024
Wyatt Employment Law Report
by Dianne Schifferdecker
2M ago
By: Sharon Gold In October 2023, the National Labor Relations Board (“NLRB”) published a controversial Final Rule addressing the Standard for Determining Joint-Employer Status under the National Labor Relations Act (“NLRA”).  The Final Rule revises the standard under the NLRA to determine whether two entities are joint employers from the prior standard of two entities having substantial direct and immediate control over employees to the new standard of finding joint employer status when there is mere authority to control employees’ essential terms and conditions of employment, even if th ..read more
Visit website
USCIS Premium Processing Fee Increase
Wyatt Employment Law Report
by Dianne Schifferdecker
2M ago
By: Glen W. Krebs The immigration process is often associated with lengthy timelines and delays.  The United States Citizenship and Immigration Services “USCIS” implemented the premium processing tool to accelerate certain applications.  Premium processing guarantees that a decision will be made by USCIS within 15 calendar days for most applications.  The problem is the hefty fee which is in addition to the normal fee paid for immigrant and non-immigrant applications.  That fee is set to increase even further on February 24, 2024. Premium processing is available for multip ..read more
Visit website
What to Know About the New Form I-9
Wyatt Employment Law Report
by Nicole Sreenan
4M ago
By: Glen W. Krebs The I-9 form is crucial for employers to verify that their employees are eligible to work in the United States. As of November 1, 2023, employers are required to use the newest version of the I-9 form, which was released on August 1, 2023. The previous version of the I-9 will no longer be accepted.  Using the previous form could lead to financial penalties and/or an audit from the Immigration and Customs Enforcement Agency. The new I-9 form changes are meant to simplify the document. The information required on every I-9 form is now consolidated on one page. Information ..read more
Visit website
Visa Bulletin Backlog
Wyatt Employment Law Report
by Nicole Sreenan
5M ago
By: Glen W. Krebs When deciding whether to apply for a Green Card, a crucial question is “How long it will take to obtain?” The Visa Bulletin is a key resource that provides the current wait times for all Green Card categories and it indicates whether a Green Card is currently available or whether there will be a wait time of 20 years. Over the years, wait times for particular Green Card applications have increased exponentially with some reaching over 10 years for certain employment-based Green Cards. Even these predictions may be optimistic because they do not factor in the impending wave o ..read more
Visit website
New Joint Employer Rule Effective December 26 2023
Wyatt Employment Law Report
by Nicole Sreenan
5M ago
By: Julie Laemmle Watts The National Labor Relations Board (NLRB) released a new joint employer rule. Under the new rule, which takes effect on December 26, 2023, two (2) entities are considered joint employers if they either share or co-determine one or more of an employee’s essential terms and conditions of employment, even if one of the employers possesses only indirect or contractually reserved control. The extent of the indirect control necessary to create a joint employer relationship is unclear under the rule. Further, the list of what is deemed an “essential term and condition of empl ..read more
Visit website
SEC’s Increased Scrutiny of Employment and Separation Agreements Under the Whistleblower Rule Continues
Wyatt Employment Law Report
by Jacob Nagel
5M ago
By: Jordan M. White Per Rule 21F-17(a) of the Securities Exchange Act of 1934, “No person may take any action to impede an individual from communicating directly with the Commission staff about a possible securities law violation, including enforcing, or threatening to enforce, a confidentiality agreement . . . with respect to such communications[,]” i.e., the whistleblower rule. In September 2023, the Securities and Exchange Commission (SEC) announced three whistleblower protection enforcement actions that serve as a cautionary reminder to public and private companies alike—even those not di ..read more
Visit website
DEI Programs at a Potential Legal Crossroads (or Not)
Wyatt Employment Law Report
by Jacob Nagel
6M ago
By: R. Joseph Stennis, Jr. The “racial reckoning” prompted by the George Floyd and Breonna Taylor incidents in 2020 went ablaze all over America.  Employers met the call for change by setting off a substantial surge in hiring Chief Diversity Officers and implementing  Diversity, Equity & Inclusion (“DEI”) programs and policies for publicly traded and private companies alike.  Even the legal profession took notice, with many of us expanding legal services to include DEI training and advice.  Job postings with “DEI” in the title surged 92% from July 2020 to July 2021.&nb ..read more
Visit website

Follow Wyatt Employment Law Report on FeedSpot

Continue with Google
Continue with Apple
OR