Aug 21, 2020
On March 19, 2020, the Department of Homeland Security (DHS) announced its deferment of the in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification, due to precautions associated with COVID-19. On August 19, 2020, DHS announced its extension of this policy for an additional 30 days, through September 19, 2020. Please note, this policy only applies to employers and workplaces that are operating remotely. Employees physically present at a work location are not exempt from
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Aug 18, 2020
On August 12, 2020, the State Department issued new guidance that expanded the ways foreign nationals and their employers could overcome Presidential Proclamation 10052 and its suspension of entry of foreign nationals on H-1B, L-1 and certain other temporary visas until at least December 31, 2020. The guidance broadened the “national interest exceptions” to the June 22nd proclamation. Overall, the guidance provided an exception for health-care professionals working to alleviate the effects of COVID-19; travel supported by a request from
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Jul 24, 2020
by Adam Henningsen The U.S. Supreme Court recently issued an important decision concerning the “ministerial exception” to federal employment discrimination laws. The ministerial exception is a legal doctrine that protects religious entities from being sued for alleged discrimination. Courts generally refrain from adjudicating matters involving employment decisions regarding employees who perform certain functions for churches and other religious institutions. This “ministerial exception” comes from the First Amendment principle that governmental regulation of church administration, including the appointment of ministers, impedes
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Jul 23, 2020
by Jim Layton Governor Parson has completed action on bills passed by the 2020 Missouri General Assembly. Many of the bills the governor signed may affect Tueth Keeney clients. Among the significant provisions of those bills, most of which become effective August 28:
- The tort reform bill changes the law regarding punitive damages. It imposes new procedural requirements and a higher burden of proof, bars juries from basing punitive damage awards on harm to persons other than plaintiffs in
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Jun 24, 2020
As anticipated, on Monday, June 22, 2020, President Trump issued a Presidential Proclamation (also referred to as Executive Order) that temporarily suspends entry into the United States of certain foreign nationals seeking to enter in the following visa categories: H-1B (specialty occupation workers), H-2B (seasonal non-agricultural workers), L-1 (intracompany transferees) and certain J-1 visa holders (intern, trainee, teacher, camp counselor, au pair, or certain summer work travel program workers). This temporary suspension on entry also applies to the dependents of
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Jun 22, 2020
by Adam Henningsen & Mollie Mohan On June 15, 2020, the U.S. Supreme Court ruled that the federal law prohibiting sex discrimination in the workplace also protects against discrimination based on sexual orientation and gender identity. The Bostock v. Clayton County decision consolidated three separate cases that dealt with alleged discrimination in the workplace. In each case, the plaintiffs alleged that their employers fired them after learning of their sexual orientation or transgender status. The central
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Jun 19, 2020
by Kristine Nazir On June 18, 2020, the Supreme Court ruled that the Trump administration’s termination of the program known as Deferred Action for Childhood Arrivals, or DACA, was “arbitrary and capricious,” in violation of federal law that governs administrative procedure. The ruling will protect hundreds of thousands of young immigrants, an estimated 700,000 recipients, who have been shielded from deportation and allowed to receive work permits under the program. The government agency responsible for processing DACA applications, U.S. Citizenship
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Jun 17, 2020
by Rob Jackstadt On June 12, 2020, Governor J.B Pritzker inked Senate Bill 2135 which permits School Boards to conduct remote open and closed meetings under certain circumstances. Boards of Education may hold public meetings and conduct public business remotely if (a) the Governor or the Director of the Illinois Department of Public Health has issued a disaster declaration related to public health concerns and (b) the Board President determines that meeting in-person in not practical or prudent because of
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Jun 9, 2020
by Kristine Nazir The Proclamation bans Chinese nationals in F or J status in graduate-level programs who are or have been associated with Chinese entities involved with China’s “military-civil fusion strategy” from applying for visas or seeking entry into the U.S. The “military-civil fusion strategy” is defined as “actions by or at the behest of China to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance China’s military capabilities.” The Proclamation took effect on
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May 29, 2020
by Lisa Berns The Missouri legislature’s truncated and recently completed 2020 session did not produce as much legislation as is typical. Nonetheless one of the few bills that has made it out of the capitol has some terms that (assuming it is not vetoed by Governor Parson) Missouri public school district and community college district officials should be fully aware of for all new contracts, requests for proposal and purchase orders going forward. Truly agreed to and finally passed Senate
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Diane E. Metzger
Melanie Gurley Keeney
James R. Layton
Mollie G. Mohan
Robert L. Jackstadt
Lisa J. Berns