On March 6, 2017, President Trump issued a new Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States” (the “New EO”). The New EO expressly “revok[es]” and “replac[es]” the President’s January 27, 2017 Executive Order of the same name (the “Original EO”). As described below, the New EO effectively bans the issuance of new visas to nationals of six countries for at least 90 days.… More
Late Friday, March 3, the United States Citizenship and Immigration Services (USCIS) announced that it was indefinitely suspending premium processing for ALL H-1B petitions filed on or after April 3, 2017. This suspension would mean that no FY 2018 cap-subject H-1B petitions could be filed under premium processing. The same exclusion would apply to H-1B extension petitions, H-1B Change of Employer amendment/extension petitions, and H-1B Cap exempt petitions filed on or after April 3.… More
On January 20, 2017, the Office of Chief Counsel of the Internal Revenue Service (IRS) issued a Memorandum on the tax treatment of benefits paid by fixed-indemnity health plans. In the Memorandum, the OCC concludes that payments from fixed-indemnity health plans that are not included in the employee’s compensation, such as those that were paid for either by the employer or through salary reduction as part of a section 125 cafeteria plan,… More
Within the next week, President Trump is expected to issue another Executive Order (“EO”) concerning high-skilled workers and foreign students, most likely to be titled “Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Workers Visa Programs.” Unlike the EO that was signed last Friday, which imposed an immediate travel ban on foreign nationals from seven countries, it appears that this new EO is not expected to immediately terminate any individual’s work authorization or visa status,… More
On January 27, 2017, President Trump signed an Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States” relating to visa issuance, screening procedures, and refugees coming to the U.S. The implementation of this Order in the first 48 hours caused confusion at airports across the country. It was understood that Section 3 of the Order “suspends” for 90 days the admission of both permanent resident green card holders and nonimmigrant temporary visa holders (H-1B,… More
A reminder for Massachusetts employers: effective January 1, 2017, the minimum wage in Massachusetts is increasing from $10.00 to $11.00 per hour.
The minimum rate for tipped service employees is also increasing, from $3.35 to $3.75 per hour. This “service rate” only applies to workers who provide services to customers and regularly receive more than $20 in tips per month. Additionally, their average hourly tips plus the minimum service rate must equal or exceed the $11.00 per hour minimum wage. … More
On November 22, 2016, a federal judge in Texas issued a nationwide injunction preventing the U.S. Department of Labor (DOL) from implementing its new overtime rule. The rule – which would have raised the salary threshold below which employees must be paid overtime to $47,476/year – was scheduled to go into effect on December 1, 2016. (The firm’s previous client alert on the rule can be found here.) As a result,… More
On August 1, 2016, Massachusetts Governor Charlie Baker signed the Pay Equity Act (the “Act”) into law. The Act, which goes into effect on January 1, 2018, is designed to close the wage gap between men and women. Although Massachusetts already had a pay parity law that prohibits wage discrimination, the Act provides greater clarity on what constitutes unlawful pay discrimination and imposes new rules and restrictions on employers.… More
The past year has been busy in the labor and employment law field. Foley Hoag recently presented a webinar detailing the latest legal developments.
Watch the recording:
Topics discussed include:
- Upcoming changes to the overtime regulations
- The expansion of the “joint employer” doctrine
- The increasingly aggressive EEOC
- Legislative initiatives to change non-compete law
- Pay equity laws
- Current issues in immigration laws
- Michael L. Rosen, Partner, Foley Hoag LLP
- Punam Singh Rogers, Immigration Counsel, Foley Hoag LLP
- Christopher Feudo, Attorney, Foley Hoag LLP
To download a copy of the slides, please click here.
On June 29, 2016, the Massachusetts House of Representatives passed a comprehensive noncompete reform bill by a vote of 149-0. Given that the Senate last year passed a somewhat similar bill (but the legislation stalled on the House side), it seems quite likely that a new noncompete law will be passed by the legislature before the close of the current session on July 31. Whether the Governor will sign it is uncertain. … More