Employers

Which Employers are Exempt from the H-1B Cap?

The regular H-1B cap visa lottery allots 65,000 H-1B visas to foreign skilled workers each year, with an additional 20,000 visas available for master’s degree holders. Employees can only receive an H-1B visa if their registration is selected in the lottery.

Virginia Human Rights Act: An Overview for Employers

The Virginia Human Rights Act (Title 2.2, Chapter 39 of the Virginia Code) protects employees against employment-based discrimination on the basis of certain characteristics, such as race, national origin, and pregnancy. This article examines the applicability of the Act for employers and provides an outline to avoid liability.

Calculating the Regular Rate of Pay

Employers now have more clarity and flexibility about which perks they can include in workers’ “regular rate” of pay, which is used to calculate overtime premiums under the Fair Labor Standards Act (FLSA). The U.S. Department of Labor (DOL) announced a final rule that will take effect Jan. 15, 2020.

The rule marks the first significant update to the regulations governing regular rate requirements under the Fair Labor Standards Act (FLSA) in over 50 years. Here’s how the new law will impact employers.

Host a Holiday Party without Liability

The festive vibe is just starting to set the perfect atmosphere for a celebration with your office employees but when it is coupled with consumption of alcohol, it may become a potential venue for inappropriate behavior and injuries.

Here is a checklist you can use for hosting your holiday party without liability:

Updates: New York Workplace Anti-Discrimination Protections

The state of New York recently amended the New York State Human Rights Law (NYSHRL) on anti-discrimination and harassment laws. The amendment builds on changes made to anti-sexual harassment laws enacted in 2018. The State hopes that in light of these new laws (which came into effect on October 11, 2019), employers will be more vigilant when it comes to keeping their employees safe from discrimination and harassment and amend their policies to facilitate a healthier workspace.

USCIS Increases Premium Processing Fee

USCIS announced that starting on December 2, 2019, the premium processing fee will increase to $1,440.00 and will be required when requesting premium processing for Nonimmigrant Worker Petitions (Form I-129) and Immigrant Worker Petitions (Form I-140).

Employee or Independent Contractor? Answer is as easy as ABC!

Terminating an employee is never easy. Though most states have “at-will” employment laws, whereby employers can terminate employees at any time for any non-discriminatory reason, employers still face the risk of unlawful termination lawsuits. To minimize this risk, it is important for employers to carefully establish a termination procedure.

CALIFORNIA EMPLOYMENT LAW UPDATE

Terminating an employee is never easy. Though most states have “at-will” employment laws, whereby employers can terminate employees at any time for any non-discriminatory reason, employers still face the risk of unlawful termination lawsuits. To minimize this risk, it is important for employers to carefully establish a termination procedure.

Age Discrimination in Employment

Terminating an employee is never easy. Though most states have “at-will” employment laws, whereby employers can terminate employees at any time for any non-discriminatory reason, employers still face the risk of unlawful termination lawsuits. To minimize this risk, it is important for employers to carefully establish a termination procedure.

U.S. DEPARTMENT OF LABOR ON OVERTIME, ONE MORE TIME.

Terminating an employee is never easy. Though most states have “at-will” employment laws, whereby employers can terminate employees at any time for any non-discriminatory reason, employers still face the risk of unlawful termination lawsuits. To minimize this risk, it is important for employers to carefully establish a termination procedure.

Starting a Nonprofit

501(c) nonprofits are on the rise, providing a great way for social entrepreneurs to give back to a cause. Federal and state regulations are of critical importance for nonprofits to stay compliant, remain in business, and maintain tax-exempt status. Consult with an experienced attorney to ensure your nonprofit – and your mission – thrives.

Community Property Law

Community property is any property, debt, or income generated during a marriage. It belongs equally to both spouses in community property states.

UPDATE ON CLASSIFICATION OF INDEPENDENT CONTRACTORS

Terminating an employee is never easy. Though most states have “at-will” employment laws, whereby employers can terminate employees at any time for any non-discriminatory reason, employers still face the risk of unlawful termination lawsuits. To minimize this risk, it is important for employers to carefully establish a termination procedure.

Effectively Managing Employee Termination from A legal Practice

Terminating an employee is never easy. Though most states have “at-will” employment laws, whereby employers can terminate employees at any time for any non-discriminatory reason, employers still face the risk of unlawful termination lawsuits. To minimize this risk, it is important for employers to carefully establish a termination procedure.

New York Lawmakers Pass Expansive Reforms to State Discrimination

On June 19, 2019, the NY state Assembly and state Senate passed a bill that tackles workplace harassment. The New York business entities and employers must be prepared for the strengthened laws targeting harassment in the workplace. The bill amends several provisions of the New York Human Right Law (“NYHRL”), the General Obligations Law, the Civil Practice law and Rules, and the New York Labor Law. Below is a summary of the amendments.

Update on Discrimination and Retaliation Claims

Form I-140 approval is an important step in the employment-based green card journey. However, employers can change their mind about a sponsorship decision at any time. Employers can withdraw Form I-140 after it is approved, which will absolve them of any liability towards an individual.

My Business, My Rules? A Brief Legal Guide for Georgia Employers

By: Jaymen Chavda Starting and growing a business in any state comes with a host of legal and compliance issues, mostly related to how employees are safeguarded in the workplace. Some laws are straightforward and widely known, such as federal and state laws prohibiting discrimination based on disability, age, and religion.  However, Georgia expands the …

My Business, My Rules? A Brief Legal Guide for Georgia Employers Read More »

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