Apr 1, 2024
On 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
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Jan 10, 2024
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).
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Nov 7, 2023
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.
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Oct 26, 2022
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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Sep 7, 2022
by Adam Henningsen The National Labor Relations Board recently released a notice of proposed rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. Under the proposed rule, two or more employers would be considered joint employers if they “share or codetermine those matters governing employees’ essential terms and conditions of employment,” such as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision, assignment, and work rules. The
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Aug 25, 2022
by Mark Timmerman Every school year, high schools and colleges across the country hold voter registration drives for students who have reached the age of 18. In Missouri, two voter registration laws set to go in effect on August 28, 2022 pose new challenges to any school that seeks to partake in this American tradition. These laws are a part of House Bill 1878, which was signed into law by Governor Parson on June 29, 2022. Missouri Revised Statutes
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Jun 28, 2022
by Mark Timmerman Yesterday, the Supreme Court of the United States released its opinion in Kennedy v. Bremerton School District. In 2015, an assistant football coach named Joseph Kennedy, at Bremerton High School in Bremerton, Washington, was reprimanded by District administration for actions such as leading students in a pre-game prayer, conducting post-game talks that included religious content, and leading students in a prayer at the 50-yard line after games. The District, which is public, was concerned that his religious
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Jun 27, 2022
by Veronica Potter On June 23, 2022 – on the 50th anniversary of Title IX – the Department of Education released a Notice of Proposed Rulemaking (NPRM) with its proposed Title IX regulations. The proposed regulations were long awaited, as the plan to replace the existing 2020 Title IX regulations (2020 Regulations) enacted by the Trump Administration was announced shortly after President Biden took office. The unofficial version of the NPRM is available online now, and the
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Calvin D. Bill
Diane E. Metzger
Luke T. Phillips
Melanie Gurley Keeney
Rebecca Martin
Aigner S. Carr
Mollie G. Mohan
Robert A. Nickel
Mandi D. Moutray
Veronica E. Potter