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Archive by tag: OgletreeReturn

ICE Begins STEM OPT Worksite Inspections

There have been an increasing number of reports that Immigration and Customs Enforcement (ICE) has begun conducting workplace site visits for F-1 students employed pursuant to optional practical training (OPT) in the science, technology, engineering,...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Workplace Preparation for Natural Disasters in View of Hurricane Dorian

As the East Coast braces for yet another hurricane, we should contemplate the impact that natural disasters can have on employees and employers, both personally and professionally. While individuals prepare their homes and employers prepare their...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Minnesota DLI Issues Updated FAQ on Wage Theft, Other Employer Expectations

In late July 2019, the Minnesota Department of Labor and Industry (DLI) released an update to its FAQ on Minnesota’s new wage theft law, including 37 new questions and answers to further clarify what is expected of employers under the statute. The...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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DHS Proposes H-1B Registration Fee for FY 2021 Cap Season

The U.S. Department of Homeland Security (DHS) plans to charge employers a $10 registration fee - per H-1B candidate - to participate in its mandatory electronic H-1B registration system. The new fee will apply to all H-1B applications submitted for...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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USCIS Instructs Employers to Continue Using the Current Form I-9 After August 31, 2019

U.S. Citizenship and Immigration Services (USCIS) has instructed employers to continue using the current version of the Form I-9 beyond the form’s August 31, 2019, expiration date. The current I-9 employment eligibility verification form has an...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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The Beginning of the End for 401(k) Class Actions? Ninth Circuit Enforces Individual Arbitration

In Dorman v. Charles Schwab Corp., No. 18-15281 (August 20, 2019), the Ninth Circuit Court of Appeals recently held that a 401(k) plan participant was required to individually arbitrate his claims regarding the plan’s fees and investment options,...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Giving It Your Best Shot: Maintaining a Compliant Vaccination Program in the Healthcare Sector

Workplace vaccination programs are not new. While many focus on influenza, healthcare employers often impose more robust requirements to protect employees and vulnerable patient populations....By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Solving a Chronic Problem: IRS Expands Preventive Care to Include Certain Chronic Conditions

On July 17, 2019, the Internal Revenue Service (IRS) and the Department of the Treasury in Notice 2019-45 announced the expansion of preventive care benefits under qualifying high-deductible health plans (HDHPs). This expansion allows individuals to...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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First Circuit Rules Inconsistent SSDI Statements Doom ADA Claim

In Pena v. Honeywell International, Inc., issued on July 22, 2019, the U.S. Court of Appeals for the First Circuit denied a former employee’s petition for rehearing en banc of the court’s April 26, 2019, decision addressing whether her inconsistent...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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DOL Opinion Letter Applies the Highly Compensated Employee Exemption to Paralegals

In July 2019, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FLSA2019-8 addressing whether paralegals are exempt from minimum wage and overtime requirements under Section 13(a)(1) of the Fair Labor Standards Act...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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