Supreme Court Adopts More Expansive View of FLSA Exemptions

Since the 1950s, the U.S. Supreme Court has taken the view that the exemptions to the Fair Labor Standards Act (“FLSA”), which exempt employees from the FLSA’s minimum wage and overtime requirements, should be interpreted narrowly. In its April 2, 2018 decision in Encino Motorcars v. Navarro, however, the Supreme Court reversed course and rejected this principle. As a result, the decision allows courts to give broader interpretations to the FLSA exemptions,… More

New Portal for F-1 International Students and an Update on Potential Changes to OPT Rules

International students studying in the U.S. (typically in F-1 nonimmigrant status) must comply with many federal regulations while studying and working in the U.S. Much of their information is coordinated through their school’s designated school official (“DSO”), who reports the F-1 student’s information using the U.S. Immigration Customs Enforcement’s (“ICE”) database called the Student and Exchange Visitor Information System (“SEVIS”), which stores and reports information about the F-1 student’s immigration status.… More

Watch: Sexual Harassment Complaints – A Legal and PR Perspective

In Partnership with ACC-Northeast

Recent high-profile sexual harassment scandals have prompted renewed discussions about sexual harassment in the workplace. This webinar focuses on these issues from a legal and crisis response perspective.

We begin with a discussion about how to conduct an effective investigation of sexual harassment complaints, including addressing issues such as privilege, confidentiality and legal liabilities. We then discuss with PR expert, Kelsey Nason, how to manage the public relations aspects of such complaints.… More

Massachusetts Attorney General Releases Guidance on Equal Pay Act

The Massachusetts Attorney General (the “AG”) recently released her long-awaited guidance regarding the 2016 overhaul of the Massachusetts Equal Pay Act (the “Act”), which takes effect on July 1, 2018. (For a summary of the Act’s key provisions, click here.) The Act, which, among other things, prohibits employers from paying employees of different genders differently for comparable work, has left employers with many questions as to how its provisions would be interpreted and enforced.… More

Border Searches of Travelers’ Electronic Devices Remain an Evolving Area of U.S. Law

Last year, we provided an update on the Trump administration’s controversial ramp up of border searches and inspections of electronic devices of travelers applying for admission to the U.S. A variety of travelers have since challenged U.S. Department of Homeland Security (“DHS’), alleging fourth amendment violations. In fact, U.S. Customs and Border Protection (CBP) issued another directive earlier this year that further clarified their authority to search electronic devices.… More

Lottery and H-1Bs: “Give Your Dream a Chance”

“Give your dream a chance” is the state of New Jersey’s lottery slogan.  “Somebody’s gotta win” is the Massachusetts state lottery slogan.  In fact, each state has its own slogan, and these two just happen to resonate with me.  These slogans refer to each state’s random cash lottery options, where you can pay to play and, maybe if you are lucky, win.  For U.S. employers who want to employ global talent this year,… More

Is “Merit-Based” Immigration Code for Something Else?

U.S. Citizenship and Immigration Services (USCIS) hosted a DHS stakeholders call entitled “H-1B Cap and Filing Tips Stakeholder Engagementthat I participated in on March 6. It made me think about “merit-based” immigration and how we have not seen movement of any real proposals by the Trump administration – or his supporters in Congress.  I wondered what they have in mind for merit-based immigration and would it actually work for my clients,… More

SCOTUS Overturns Decision on Bond Hearings for Detainees Subject to Indefinite Detention

Do noncitizens detained for a long time while their cases are pending have the right to a hearing to determine whether they can be released on bond? This was the question posed in the Jennings v. Rodriguez case, a constitutional class-action challenge against federal immigration statutes requiring the detention of certain noncitizens while they defend their right to stay in the United States. The Supreme Court issued its 5-3 decision on February 27,… More

USCIS Tightens the Rules Related to H-1B Visas for Third Party Worksites

On February 22, 2018, the U.S. Citizenship and Immigration Services (USCIS) issued a new policy memo making it more restrictive for H-1B employers who have their consultants work at third party work sites to fulfil client projects. The new policy memo updates the January 2010 agency memo that outlined the guidelines in determining “Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements,” which is also called Neufeld memo.… More

NLRB Vacates Hy-Brand Joint Employment Liability Standard Because of Board Member Conflict

On February 26, 2018, the National Labor Relations Board vacated its recent ruling in the Hy-Brand Industrial Contractors, Inc. case that had set a new standard for determining joint employer status. The action was not for substantive reasons. Instead, it was due solely to a conflict that arose because one of the Board members who decided the case, William Emanuel, had previously worked for a law firm that had represented a party in the case.… More