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New Form I-9, August 30 Deadline to Inspect Documents, and Alternative Remote Examination Procedure

Posted On August 18, 2023

by Luke Phillips 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
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Department of Education Announces Proposed Rule on Transgender Student Participation in Athletics

Posted On May 2, 2023

by Mandi Moutray and Veronica Potter On April 6, 2023, the Department of Education announced its proposed regulation under Title IX that would bring some clarity to the question of whether transgender students can be prohibited from participating on athletic teams that align with their gender identity. Background This proposed regulation was long awaited –
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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

Posted On October 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
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NLRB Proposes Changes to Joint-Employer Standard

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

Posted On June 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
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Significant New Automatic Extension Period for Certain EADs

Posted On May 5, 2022

by Luke Phillips On May 4, 2022, U.S. Citizenship and Immigration Services (“USCIS”) published a Temporary Final Rule authorizing an increase of the automatic extension period applicable to expiring Employment Authorization Documents (“EADs”) for certain renewal applicants who have filed a Form I-765, Application for Employment Authorization.  The automatic extension period will be raised from
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New Guidance on E and L Spouses’ Employment Authorization

Posted On March 28, 2022

by Luke Phillips On March 18, 2022, U.S. Citizenship and Immigration Services (“USCIS”) announced that it is updating the guidance in its Policy Manual regarding what may be used as evidence of employment authorization for certain E and L nonimmigrant spouses. This updated guidance follows the November 2021 clarification from USCIS that it considers E
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New CDC Guidance Removes Mask Requirements for School Buses

Posted On March 3, 2022

by Mark Timmerman Effective February 25, 2022, the Centers for Disease Control and Prevention (“CDC”) no longer requires the wearing of masks on buses or vans operated by public or private school systems, including early care and education/child care programs. However, school districts may still require people to wear masks on buses or vans at
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