Nov 19, 2020
by Christine Self In a press briefing on November 17, 2020, Governor Pritzker announced that Tier 3 Mitigations would be imposed statewide, starting November 20, 2020. Tier 3 Mitigations (linked here) substantially limit capacity for gatherings, close some in-person activities in indoor settings, and reduce capacity at indoor venues allowed to remain open, such as retail stores. According to Tier 3 Mitigations, schools may continue to operate in compliance with guidance previously issued by the Illinois
read more
Oct 26, 2020
by Veronica Potter On September 22, 2020 the Department of Labor announced a proposed rule relating to the definition of employee under the Fair Labor Standards Act (FLSA), specifically clarifying the distinction between employees and independent contractors. The FLSA does not include a definition of “independent contractor.” The distinction is important, as the minimum wage and overtime requirements under the FLSA apply only to employees and not to independent contractors. Because there is no statutory definition,
read more
Oct 16, 2020
Tueth Keeney’s Jim Layton is the author of a chapter in the ninth edition of the Eighth Circuit Appellate Practice Manual, released in October 2020 . The Manual takes a comprehensive look at current practice before the U.S. Court of Appeals for the Eighth Circuit. That court, based in St. Louis, hears appeals from U.S. district courts in seven states. Along with authors of other chapters, Jim also spoke at a continuing legal education program on
read more
Oct 14, 2020
by Betsey Mooney On Friday, October 9, 2020, the United States Department of Education announced the rescission and replacement of the 2016 Handbook for Campus Safety and Security Reporting (the “2016 Handbook”). In its announcement, the Department asserted the 2016 Handbook and its predecessors had improperly created additional requirements and expanded the scope of the Clery Act and its accompanying regulations, providing guidance that was “unnecessarily voluminous.” In response to these concerns, and in keeping with Executive Order 13891 (stating
read more
Oct 12, 2020
The American Academy of Appellate Lawyers has issued recommendations for lawyers arguing by remote video link (Zoom, Teams, Webex, etc.), prepared by the Academy’s Task Force on Remote Oral Argument. Tueth Keeney’s Jim Layton, a Fellow of the Academy, chairs the task force. The recommendations are available here https://www.appellateacademy.org/publications/Counsel_AAAL_Remote_Task_Force_Recommendations_for_Counsel_Final.pdf. The recommendations emphasize that argument by video is a new form of argument-not just a different venue for the same thing. For example, arguing counsel must consider
read more
Oct 7, 2020
After being passed by Congress and signed by the President in the wee hours of October 1, 2020, a new law will make USCIS’s Premium Processing service more widely available, potentially benefiting employers and individuals who have previously been subject to long and unpredictable processing times for USCIS benefits. Premium Processing services allow a petitioner to pay an additional fee and receive faster processing of the petition within a guaranteed timeframe. Under the new law, USCIS will make Premium Processing
read more
Sep 9, 2020
The Department of Homeland Security has submitted a new H-1B visa regulation to the Office of Management and Budget (OMB) for final review. Though the contents of the regulation will remain confidential until released for publication, the proposed rule is expected to provide a more restrictive definition of a “specialty occupation” for H-1B visa holders and make it more difficult for H-1B professionals to work at third-party customer locations. Once OMB reviews and approves the proposed regulation, we anticipate that
read more
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
read more
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
read more
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
read more
Veronica E. Potter
James R. Layton
Elizabeth J. Mooney
Diane E. Metzger
Laura E. Hemmer
Melanie Gurley Keeney