Dec 19, 2020
On December 16, 2020, Melanie Keeney, Mollie Mohan, Jim Layton, Adam Henningsen, and Aigner Carr presented a CLE for the Association of Corporate Counsel-St. Louis on Labor and Employment Law: What to Expect in 2021.
Labor and Employment – Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C. has successfully represented a number of businesses, large and small, throughout the Midwest in labor and employment matters. Our broad range of experience includes employment discrimination litigation, wage-hour
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Dec 7, 2020
As recently reported in our firm insight, on December 1, 2020, a federal judge struck down certain policies proposed by the Department of Labor (“DOL”) and Department of Homeland Security affecting the H-1B visa program, including changes to the H-1B visa program’s required wage system. In some instances, the new policies resulted in a more than 50% increase in the wages required for certain H-1B positions. In response to this court ruling, however, the DOL has
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Dec 3, 2020
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, proposed to increase wages for foreign workers based on surveys of salaries in each profession. The second policy, published by the Department of Homeland Security
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Nov 5, 2020
Tueth Keeney Cooper Mohan & Jackstadt, PC has been recognized regionally as a “Best Law Firm” in St. Louis, by U.S. News – Best Lawyers ®, for the eleventh consecutive year. The firm has received a First Tier ranking in Education Law, Employment Law – Management, Immigration Law, Litigation – Labor & Employment, as well as a Tier Two ranking in Commercial Litigation. In addition, five of our attorneys in St. Louis are included in the Best Lawyers in America
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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
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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
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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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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 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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