Recent Blog Posts
- Immigration Update: USCIS Selection Process; Biometrics; DHS Inspections Relating to I-9 Enforcement USCIS Completes the Initial Selection Process
On April 1, 2020, U.S. Citizenship and Immigration Services (‘USCIS”) announced that the initial selection of H-1B cap-subject registrations for fiscal year (“FY”) 2021 was completed. Petitioners who electronically registered beneficiaries in the H-1B registration process and were selected through the random selection process may file their H-1B cap petition within the period indicated on the relevant registration selection notice. The filing period for the H-1B cap-subject petition will be at least 90 days. Petitioners... More
- New Jersey DOL Issues Regulations Implementing COVID-19 Anti-Retaliation Law On March 20, 2020, New Jersey Governor Phil Murphy signed legislation (“Law”) prohibiting employers from taking any adverse employment action against employees who take, or request, time off due to an infectious disease that could affect others at work based on a written recommendation of a New Jersey licensed medical professional. The Law, which we summarized in a previous article, became effective upon enactment.
On April 1, the New Jersey Department of Labor and Workforce Development (“NJDOL”) adopted temporary emergency new... More
- Additional DOL Updates to FFCRA Questions and Answers – Qualifying Reasons for Leave, Child Care, and Interaction with Other Leaves The U.S. Department of Labor has again updated its compliance assistance for the Families First Coronavirus Response Act (“FFCRA”), in the form of “Questions and Answers.” This post summarizes the most recent Questions and Answers. Previous summaries can be found here and here.
Some of the newest answers include the following:
Question 60: Clarifies that shelter-in-place and stay-at-home orders can qualify as federal, state, or local quarantine or isolation orders for purposes of leave under FFCRA.
Question 61: Clarifies that an individual is... More
- International Employment Challenges Related to the COVID-19 Pandemic The COVID-19 pandemic has altered the international workplace and international employee-employer relations in profound ways. As employees now work from home in significant numbers around the globe, multinational companies have suddenly been confronted with managing issues they may not have previously prioritized. Matters such as outfitting employees’ homes with the necessary technology to stay connected with clients and coworkers, and ensuring that employees receive sufficient ergonomics support and training to maintain a safe and healthy home office space, now are... More
- Video: Coronavirus CARES Act Changes the Landscape for Employers – Employment Law This Week As featured in #WorkforceWednesday: Last week, Congress passed and President Trump signed the CARES Act, a $2+ trillion stimulus law, which is the largest stimulus in U.S. history. Attorney Paul DeCamp discusses how this law could benefit certain employers during this unprecedented time in the following video interview.
Video: YouTube, Vimeo, MP4, Instagram.... More
- Dept. of Labor Updates FFCRA Questions and Answers – Intermittent Leave, Furlough, and Length of Leave The U.S. Department of Labor (“DOL”) continues to update its compliance assistance for the Families First Coronavirus Response Act (“FFCRA”), in the form of “Questions and Answers.” The DOL posted a temporary rule issuing regulations pursuant to the FFCRA on April 1, 2020; while we are digesting the temporary rule and preparing a forthcoming advisory, we wanted to highlight some of the important insights of the updated FAQs. The DOL published its initial guidance on March 24, 2020, summarized in... More
- U.S. Treasury Department Issues Preliminary Guidance for Paycheck Protection Loans Under the CARES Act On March 31, 2020, the U.S. Department of the Treasury (“Treasury”) issued preliminary guidance regarding implementation of the Paycheck Protection Program (“PPP”), which is the $349 billion program contained in the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) that provides forgivable loans to eligible small U.S. businesses to help them weather the coronavirus (“COVID-19”) crisis. The guidance consists of three advisory documents: (i) an overview of the program; (ii) information for lenders about the PPP; and (iii) information... More
- The Race to Embrace Remote Online Notarization (“RON”) in Response to the COVID-19 Pandemic Sometimes a crisis can be an opportunity to embrace new technologies and changes that were already on the horizon – albeit at a much more expedited pace. As employees are required to work remotely and practice social distancing due to the COVID-19 pandemic, the federal government and several state governments (including New York and New Jersey) are moving (New York more quickly than New Jersey) to enable remote online notarization and keep businesses operating.
A Potential Federal Solution
On March 18, 2020,... More
- NJ Gov. Murphy and State Director of Emergency Management Clarify Permissible Operations for Certain Businesses On March 30, 2020, New Jersey Governor Phil Murphy and Superintendent of the State Police Colonel Patrick Callahan (who also acts as the State Director of Emergency Management) issued Administrative Order 2020-6 providing additional guidance regarding how certain businesses may operate under Gov. Murphy’s Executive Order 107 (which we wrote about here). The Administrative Order clarifies and directs that:
Individual appointments to view real estate with realtors by individuals or families shall be considered essential retail business, but that open houses... More
- You Are Excused: Force Majeure and the Workplace in the COVID-19 Era In a matter of weeks, COVID-19 has changed the workplace. Travel restrictions, shelter-in-place orders, and mandatory closures have meant that it is far from business as usual for nearly all employers. The unprecedented events of the last few weeks have forced many employers, facing major business disruptions or closures, to make tough decisions about hiring, layoffs, furloughs, and compensation.
Some of these employment decisions may implicate written employment contracts and collective bargaining agreements that contain “force majeure” clauses that excuse performance... More