Veronica E. PotterInjunction blocks Department of Education from enforcing new Title IX Regulations in Missouri
Kate L. NashOn July 24, 2024, Judge Rodney Sippel of the United States District Court for the Eastern District of Missouri entered a preliminary injunction in State of Arkansas et al. v. U.S. Dept. of Education et al., blocking the Department of Education from enforcing the recently released Title IX regulations within the states of Arkansas, Missouri, Iowa, Nebraska, North Dakota, and South Dakota. This brings the total number of states where the Department of Education is enjoined from enforcing the new
read moreNew Injunction on Title IX Regulations Has Wide Ranging Application and Complicates Enforcement by Department of Education
On July 2, 2024, Judge John Broomes of the United States District Court for the District of Kansas entered a preliminary injunction in State of Kansas, et al. v. U.S. Dept. of Education et al., blocking the Department of Education from enforcing the recently released Title IX regulations within the states of Kansas, Alaska, Utah, and Wyoming. This injunction is broader than previous injunctions as it also enjoins enforcement against schools attended by members of plaintiff organizations Young America’s Foundation
read moreDepartment of Labor Issues Rule Raising Salary Level for Exempt Employees
Aigner S. Carr
Mollie G. Mohan
Robert A. NickelOn April 23, 2024, the United States Department of Labor (DOL) released its final rule increasing the minimum salary requirements for exempt (sometimes referred to as “salaried”) employees employed in a “bona fide executive, administrative, or professional capacity (commonly referred to as “white-collar” employees). [1] The final rule increases the minimum salary level from $35,568 per year for exempt employees to $58,656 per year. The final rule is set to roll out in two waves: Employers are required to increase
read moreApril 1st – USCIS Announces H-1B Cap Lottery Registration Selections Completed and New Filing Fees and Forms Implemented
Calvin D. Bill
Diane E. Metzger
Melanie Gurley Keeney
Rebecca MartinOn April 1, 2024, USCIS announced that it has received enough electronic H-1B cap registrations during the “initial registration period” to reach the fiscal year (FY) 2025 H-1B cap. It is uncertain whether there will be subsequent H-1B cap selections, based on the actual filings with USCIS. USCIS will begin accepting H-1B cap petitions as of today, and selected registrants must file their petitions within the filing timeline provided in their selection notice, which will be no more than 90
read moreDepartment of Labor Announces Independent Contractor Final Rule
On January 9, 2024, the U.S. Department of Labor (DOL) issued its final rule regarding how to determine who is an employee versus an independent contractor under the Fair Labor Standards Act (FLSA). The final rule rescinds the DOL’s 2021 Independent Contractor Rule that was published on January 7, 2021. Previously, the DOL announced on March 11, 2021 that this rule would be rescinded and replaced, with the proposed rule being published on October 13, 2022.
read moreComment Period Closes for Proposed FLSA Regulation Updating Salary Level
On August 30, 2023, the United States Department of Labor (DOL) announced a proposed rule that would increase the minimum salary requirements for individuals employed in a “bona fide executive, administrative, or professional capacity (commonly referred to as the “white-collar” or “EAP exemption”). The DOL received approximately 33,309 comments during the notice and comment period, which closed on November 7, 2023. We are now waiting for the DOL to publish the final version of the rule.
read moreNew Form I-9, August 30 Deadline to Inspect Documents, and Alternative Remote Examination Procedure
The U.S. Department of Homeland Security (“DHS”) has promulgated a new version of the Form I-9, which is now available for use (please also see new Form I-9 Instructions). The new I-9 has reduced Sections 1 and 2 to a single sheet, and has relocated the Reverification and Rehire section to a separate “Supplement B” page, among other changes.
read moreDepartment of Education Announces Proposed Rule on Transgender Student Participation in Athletics
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Mandi D. MoutrayU.S. Department of Labor Proposes New Rule to Determine Who is an Employee and Who is an Independent Contractor Under the Fair Labor Standards Act
by Adam Henningsen and Mollie Mohan On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule regarding how to determine who is an employee versus an independent contractor under the Fair Labor Standards Act (FLSA). The proposed rule would rescind an earlier rule on this topic that was published under the Trump Administration. The current rule’s “economic reality” test focuses on whether workers are economically dependent on an employer or are in business for themselves. The
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