by Kristine Nazir On December 1, 2020, a federal judge struck down the policies proposed by the Department of Labor and Department of Homeland Security regarding H-1B visa holders, finding the policies were created in violation of the Administrative Procedure Act (“APA”). The first policy, unveiled by the Department of Labor on October 6, 2020,
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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
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by Christine Self Illinois Sexual Harassment Training The Illinois Human Rights Act (IHRA) was amended by P.A. 101- 0221 to require that all Illinois employers, regardless of size, provide annual sexual harassment training to all employees. The initial training must be completed and documented by December 31, 2020 and annually thereafter. The Illinois Department of
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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
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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
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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
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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
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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
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by Christine Self The Public Access Counselor (PAC) determined that the Board of Education of Bloomingdale School District 13 (Board) violated section 7(e)(4) of the Open Meetings Act (OMA) by improperly restricting access to its July 27, 2020 regular meeting. Section 2.01 of OMA, as amended by Public Act 101-0640, requires all public meetings be
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by Christine Self The opening of the 2020-2021 school year looks very different than previous school years for many school districts, students, and families. While some school districts are starting the school year fully in-person, others are opting for a fully virtual return to school, offering a hybrid schedule, or offering options for families to
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