USCIS has announced that the FY 2027 H‑1B cap registration window will run from March 4 to March 19, 2026. During this period, employers seeking to sponsor H‑1B workers for this year’s lottery (covering employment beginning October 1, 2026) must use a USCIS online account to electronically register each beneficiary for the selection process and … Continue Reading
Records of criminal convictions can last a lifetime, and thus can bring a lifetime of difficulty for employees with a criminal conviction history in finding employment, leaving them significantly disadvantaged before they even make it into the interview room. Lack of employment or difficulty assimilating after spending time in the criminal justice system can further … Continue Reading
The Equal Employment Opportunity Commission (EEOC) and National Labor Relations Board (NLRB) started out 2026 by announcing several new procedural protocols and updated guidance and policy goals.… Continue Reading
For a variety of reasons, including confidentiality and protection of trade secrets, many employers maintain policies that prohibit or limit employees from making audio or visual recordings in the workplace. These policies were targeted by the National Labor Relations Board (NLRB) under the previous Administration, which found them unlawful under the employee and union-friendly standard … Continue Reading
When Congress passed Title VII of the Civil Rights Act of 1964, it failed to address how a plaintiff is required to prove employment discrimination in the absence of direct evidence. Since then, a series of tests have evolved articulating how a plaintiff can defeat a defendant-employer’s motion for summary judgment relying on circumstantial evidence. … Continue Reading
Some Ohio construction businesses may need to prepare now for upcoming changes to state law imposing new requirements related to verifying worker eligibility.… Continue Reading
For nearly a year, the National Labor Relations Board has lacked a quorum of at least three confirmed members, and thus it has been unable to decide cases arising under the National Labor Relations Act, including unfair labor practice disputes and contested union representation cases. That ended on January 7, 2026, when two President Trump … Continue Reading
The United States Supreme Court recently heard oral argument in Trump v. Slaughter, a case centering on the March 2025 removal of Rebecca Kelly Slaughter as Commissioner of the Federal Trade Commission (“FTC”). As the court deliberates, a decision in favor of the government could limit or overturn Humphrey’s Executor v. United States (“Humphrey’s Executor”) … Continue Reading
State and local legislatures were active throughout 2025 in passing employment laws and ordinances concerning topics such as artificial intelligence, pay transparency, and paid leaves, to name a few. As always, minimum wages continue to increase in many jurisdictions and various posters have been updated. See our charts on U.S. state minimum wage and salary … Continue Reading
Earlier this year, Colorado adopted Senate Bill 25-144, expanding its Family and Medical Leave Insurance (“FAMLI”) program to become the first state to provide paid leave for employees taking care of an infant hospitalized in a neonatal intensive care unit (“NICU”).… Continue Reading
The National Labor Relations Board is set to regain a quorum of three Members following the Senate’s confirmation of Board nominees Scott Mayer and James Murphy on December 18, 2025. Mr. Mayer is joining the Board from a large aviation manufacturing company, where he served as chief labor counsel. Mr. Murphy is a former Board … Continue Reading
In response to the horrific November attack on National Guard members in Washington, D.C. and other geopolitical events, the President and U.S. immigration agencies have implemented initiatives and rolled out proposals to expand existing travel bans and dramatically increase vetting and personnel data collection of visa applicants and travelers entering and exiting the United States. … Continue Reading
Overview U.S. Citizenship and Immigration Services (USCIS) has implemented major changes to Employment Authorization Document (EAD) policies. These updates end the automatic 540‑day extension for most EAD renewals and reduce the maximum EAD validity period to 18 months for certain categories, including adjustment of status applicants, asylum seekers and refugees.… Continue Reading
It is a common practice across employers of all sizes and industries to pay employees on a biweekly (every two weeks) payroll cycle. With 52 weeks in a year, that means 26 pay periods in a year. But every decade or so, an unusual circumstance arises in which employees who are paid biweekly will have … Continue Reading
On November 12, 2025, the federal government finally reopened after a 43-day shutdown – the longest in U.S. history. During the period of a government shutdown, federal employees cannot be paid and can only be paid when Congress reaches a deal and the lapse in appropriations ends. While this means that hundreds of thousands of … Continue Reading
One month after issuing a Proclamation entitled “Restrictions on Entry of Certain Nonimmigrant Workers” that imposed a $100,000 fee for certain H-1B visa petitions, United States Citizenship and Immigration Services (USCIS) published clarifying updates that echo similar updates from other agencies. The USCIS update is available HERE under the drop-down “Presidential Proclamation on Restriction on … Continue Reading
On November 5, 2025, the United States Court of Appeals for the Sixth Circuit issued an opinion in NLRB v. Starbucks Corp., joining with the Third and Fifth Circuits in finding the National Labor Relations Board (NLRB or Board) exceeded its authority under the National Labor Relations Act (NLRA) by ordering an employer to compensate … Continue Reading
Throughout October 2025, California Governor Gavin Newsom signed multiple employment-related Bills into law. These new measures address a wide range of workplace-related matters, including regulations aimed at the use of artificial intelligence, updates on paid leave, and amendments to mediation procedures. While some of these Bills will be subject to legal challenges that delay or … Continue Reading
Update (10/27/2025) – On October 15, the National Labor Relations Board (NLRB) filed a lawsuit against the State of California and its Public Employment Relations Board in a California federal court seeking a declaratory judgment and an injunction against California’s recently-passed law regulating private sector labor relations when the NLRB lacks a quorum. The lawsuit … Continue Reading
As part of the U.S. Department of Labor’s opinion letter program, the Department’s Wage and Hour Division recently issued four opinion letters aimed at bringing clarity, uniformity, and transparency to the application of federal labor standards.… Continue Reading
On September 19, 2025, President Trump issued an Executive Order (EO) establishing the “Gold Card” program, designed to facilitate and expedite the immigrant visa (“green card”) process for individuals who make a $1 million donation (or $2 million if made by a corporation on behalf of the individual) to the United States. Unlike the traditional … Continue Reading
On Friday, September 19, 2025, President Trump issued a Proclamation entitled “Restrictions on Entry of Certain Nonimmigrant Workers” that imposes a $100,000 fee for most new H-1B visa petitions and restricts the ability of certain H-1B visa holders to enter the United States. The H-1B visa is the workhorse of the U.S. immigration system, currently used … Continue Reading
Remote work has become significantly more prevalent in recent years. What began as a necessity during the pandemic has evolved into a mainstream practice, with many organizations embracing hybrid or fully remote workforces to attract and retain talent. However, this trend also creates uncertainty for employers around wage-and-hour compliance, such as tracking hours worked and … Continue Reading
Update (9/15/2025 4 p.m. ET) – On September 15, the National Labor Relations Board (NLRB) filed a lawsuit against the State of New York and its Public Employment Review Board in a New York federal court seeking a declaratory judgment and an injunction against New York’s recently-passed law regulating private sector labor relations when the … Continue Reading
