Department of Labor Issues Rule Raising Salary Level for Exempt Employees

On 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

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April 1st – USCIS Announces H-1B Cap Lottery Registration Selections Completed and New Filing Fees and Forms Implemented

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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Department 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 Previously, the DOL announced on March 11, 2021 that this rule would be rescinded and replaced, with the proposed rule being published on October 13, 2022.

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Comment 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.

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New 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. 

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U.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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NLRB Proposes Changes to Joint-Employer Standard

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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Missouri House Bill 1878 Puts New Restrictions on the Voter Registration Process

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 read more

Supreme Court Rules in Favor of Praying Football Coach in Kennedy v. Bremerton School District

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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