Beyond the Scales: Addressing Weight Bias in the Workplace
Holland & Hart LLP Blog
by Leslie Perkins
1M ago
Leslie Perkins by Leslie Perkins When you think of protections against discrimination in the workplace, the first things that come to mind are traditional characteristics such as race, color, religion, sex, national origin, age, and disability. However, in the coming years we could see discrimination based on weight added to that list. Current Measures Against Body Discrimination Currently, there is no federal law protecting employees from discrimination based on weight. However, one state (and a handful of cities) have implemented statutes that ban discrimination based on weight to ens ..read more
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February 2024 Visa Bulletin: Insights into Employer-Based Immigrant Petitions and Visa Backlogs
Holland & Hart LLP Blog
by admin
1M ago
Sarah Bileti By Sarah Bileti and Samantha Wolfe As we delve into the February 2024 Visa Bulletin, it’s evident that the priority dates for employer-based immigrant petitions continue to face minimal advancement, contributing to prolonged wait times for immigrant visas throughout fiscal year 2024. Let’s examine the key highlights and implications of this latest update. Key Highlights: Samantha Wolfe Limited Movement in EB-2 and EB-3 Categories: USCIS and the State Department have reported minimal progress in the EB-2 and EB-3 categories for various regions, with exceptions ..read more
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Immigration Alert: USCIS Announces H-1B Cap Registration Dates and Significant Fee Increases
Holland & Hart LLP Blog
by admin
2M ago
Sarah Bileti By Sarah Bileti and Samantha Wolfe United States Citizenship and Immigration Services (USCIS) made several noteworthy announcements this week regarding H-1B cap registration timing, the expansion of online filings, and fee increases for immigration and naturalization benefit requests. FY 2025 H-1B Cap Initial Registration Period & Online Filing Samantha Wolfe USCIS confirmed that the initial H-1B cap registration period for the FY 2025 cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024.  In addition, on February 28, 2024, US ..read more
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Navigating USCIS Policy Updates on Extensions of Stay and Change of Status Requests
Holland & Hart LLP Blog
by admin
2M ago
Ann Lee by Ann Lee and Samantha Wolfe On January 24, 2024, U.S. Citizenship and Immigration Services (USCIS) introduced significant changes regarding untimely filed requests for change of status or extension of stay for nonimmigrants, particularly under exceptional circumstances. This updated guidance, effective immediately, empowers USCIS with the discretion to excuse delays in these filing processes. Understanding the Background Samantha Wolfe Nonimmigrants admitted to the United States for specific periods often seek extensions to continue activities permitted under their nonimmigrant s ..read more
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Business Immigration – Looking Ahead to the 2024 H-1B Cap Lottery and Other Developments Employers Should Watch For
Holland & Hart LLP Blog
by admin
2M ago
Sarah Bileti By Sarah Bileti Over the past year the immigration landscape has been shaped by a myriad of factors including mass tech layoffs, the easing of COVID related travel restrictions, and changing employer attitudes regarding remote work.  As we move into the new year there are several issues and trends employers should be aware of. Changes to the H-1B Cap Lottery Registration System.  The H-1B visa is the most used and sought after nonimmigrant employment visa for foreign professional workers with a congressionally mandated annual quota of 65,000 and an additional 20,0 ..read more
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Does Your Business Properly Classify Independent Contractors? DOL Publishes Final Rule on Worker Classification
Holland & Hart LLP Blog
by admin
2M ago
Kody Condos by Kody Condos, Camila Moreno, and Greg Saylin On January 9, 2024, the U.S. Department of Labor (“DOL”) published its final rule defining the term “independent contractor” and setting forth the new test for determining independent contractor / employee status (the “Rule”). The DOL estimates that “there are 6.5 million small establishments or governments” relying on independent contractors that “could be affected by “ the new Rule.[1] Greg Saylin The Rule, effective March 11, 2024, differentiates an independent contractor from an employee if the worker is “as a matter of economi ..read more
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California’s New Right to Reproductive Loss Leave Effective January 1
Holland & Hart LLP Blog
by Julie Hamilton
2M ago
Julie Hamilton By Julie Hamilton As we begin 2024, California has a new right for employees to take leave to grieve loss that went into effect with the new year. Effective January 1, 2024, the state will require employers with five or more employees to provide eligible employees up to five days of leave following a reproductive loss, including failed adoption, surrogacy, or assisted reproduction. This comes one year exactly on the heels of a California law requiring employers to provide leave for employees to mourn the death of a family member. If you have employees in California, you should ..read more
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What Happens When ADA Accommodations Miss the Mark
Holland & Hart LLP Blog
by Janae Ruppert
3M ago
Janae Ruppert by Janae Ruppert As an employer, you exhaustingly hear the repeated recommendation to not only have detailed written policies, but to ensure those policies are followed. Company policies generally ensure compliance with laws and regulations, give guidance for decision-making, and streamline internal processes. Typically, employers can overcome significant consequences by consistently enforcing their policies and procedures. However, when confronted with accommodation situations, sometimes employers need to step away from the policies and conduct a deeper factual analysis to sup ..read more
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A Reminder for Employers: Review Your Separation Agreements
Holland & Hart LLP Blog
by Mark Wiletsky
4M ago
Mark Wiletsky by Mark Wiletsky Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing any potential claims against the company. The goal is to avoid an existing or potential dispute, claim, or lawsuit. But if companies don’t routinely review and update those agreements, they risk the agreement being challenged or invalidated. Even worse, companies are sometimes investigated and forced to pay fines or penalties for provi ..read more
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Accommodating a Request for Worship Space in the Workplace
Holland & Hart LLP Blog
by admin
4M ago
Mark Wiletsky by Mark Wiletsky Question: Do employers need to provide a space for employees to worship and/or pray in the office? The short answer is: Maybe. You must reasonably accommodate em­ployees’ sincerely held religious, ethical, or moral beliefs or practices unless doing so would impose an undue hardship. For decades, courts held that employers could deny such requests under Title VII of the Civil Rights Act of 1964 if the accommodation would impose more than a “de minimis” cost or burden. In June 2023, however, the U.S. Supreme Court “clarified” that standard. In Groff v. DeJoy ..read more
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