Question: Our employees drive vehicles strictly for work purposes, but we do not have a policy on such use. After employees received several speeding tickets, we would like to introduce a policy that would allow management to deduct the cost of tickets from employees’ wages. Are we allowed to start introducing this type of payroll deduction?

Continue Reading Q&A: Can you deduct speeding tickets from employee wages?

Last year, we reported on the Tenth District Court of Appeals’ decision limiting employers’ defenses to temporary total disability compensation following the termination of an employee. Recently, the Supreme Court of Ohio reversed the lower court decision and issued a decision favorable for Ohio employers. In State ex rel. AutoZone Stores, Inc. v. Indus. Comm., 2024-Ohio-5519, the Supreme Court clarified when employers may contest an employee’s request for temporary total disability compensation. 

Continue Reading Ohio Supreme Court clarifies employers’ defenses to temporary total disability compensation in workers’ compensation cases

Immigration reform will be a focal point of the new administration in the early days of Trump’s transition back to the White House with a likelihood that some changes initially will come by way of executive action. The practical implications of any immigration policy changes may begin to take shape in the early months of the new administration, but based on his past administration and campaign rhetoric, it is possible that some changes could be swift.

Continue Reading Immigration policy considerations for employers as we embark on a second Trump administration

Employers settling workers’ compensation claims with Medicare beneficiaries are required to take into consideration Medicare’s potential interest. Settling parties obtain a Medicare Set-Aside (MSA) report that designates a portion of the settlement to be set-aside for future medical treatment.  This process is to ensure that The Center for Medicare and Medicaid Services (CMS) is not paying for medical treatment that should have been covered by a workers’ compensation claim. 

Continue Reading Changes to Medicare set-aside reporting

What is a Labor Condition Application in the H-1B process?

An employer must file a certified Labor Condition Application (LCA) with an H-1B petition on behalf of employees who need an H-1B visa for employment. The LCA is certified by the Department of Labor (DOL) and imposes an obligation on the employer to pay the offered wage for the duration of the H-1B petition unless the obligation is terminated earlier.

There are two reasons the obligation may be terminated early. If the employee requests non-work-related time off for personal reasons or submits a voluntary resignation, the employer is not required to pay the salary as the employee is considered unavailable for employment. Either reason should be carefully documented. The employer’s obligation for wages may also terminate if the employer decides to terminate the employment of an H-1B employee, with or without cause, prior to the end of the H-1B petition. 

Continue Reading Bona fide termination of H-1B employee

Many medical residency programs, Graduate Medical Education or GME, will accept international medical graduates in the Exchange Visitor (J-1) program sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG). The J-1 program permits physicians to complete graduate medical education or training in the U.S. while in J-1 status.

However, the J-1 visa carries with it the two-year home residence requirement, a provision that renders the J-1 physician ineligible to apply for a change of status to another nonimmigrant visa status (H or L), to apply for an immigrant visa or to adjust their status to permanent resident until the home residence has been satisfied or waived.

Continue Reading The Conrad 30 Program provides an avenue for J-1 physicians to remain in the U.S.

Effective Sept. 10. 2024, U.S. Citizenship and Immigration Services is extending the validity of permanent resident cards to 36 months for individuals who have filed the Form I-90, Application to Replace Permanent Resident Card. This change has been announced to adjust for longer processing times experienced by applicants.

Continue Reading Automatic extension of permanent resident cards extended to 36 months for pending renewals

The United States District Court for the Northern District of Texas issued an order blocking the Federal Trade Commission’s (FTC) non-compete ban from taking effect on Aug. 20, 2024. In Ryan LLC v. Federal Trade Commission, 2:24-cv-986, Plaintiffs successfully argued that the FTC exceeded its statutory authority in propounding a nationwide ban on non-compete agreements. Originally set to take effect on Sept. 4, 2024, the ban—which would have voided millions of employment agreements—has now been paused as a result of the decision.

Continue Reading FTC’s non-compete ban blocked by Texas federal judge