The Supreme Court decided 9-0 that a majority group plaintiff cannot be held to a different, heightened evidentiary standard when alleging employment discrimination under Title VII.Continue Reading The Supreme Court rejects additional requirements for “reverse discrimination” claims
The U.S. Citizenship and Immigration Services (USCIS) announced the fiscal year 2026 initial registration period for the H-1B cap will run from noon EST on March 7, 2025, to noon EST on March 24, 2025.Continue Reading Planning for the H-1B cap online registration period opening March 7, 2025
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
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.
The dust is still settling after the U.S. Federal Trade Commission (FTC) issued its long anticipated final Rule on Tuesday, April 23 banning most non-compete agreements in the employment context. Although the effectiveness of the Rule is likely to be delayed, potentially for years, by court challenges, employers are understandably jittery about their existing non-compete agreements and other restrictive covenants. Here with answers to some of the most commonly asked questions are Porter Wright employment attorneys Jennifer Huelskamp and Nicole Mayo. Continue Reading Answers to common questions about the FTC’s non-compete ban: What’s next?
On Mar. 4, 2024, the United States Court of Appeals for the Eleventh Circuit upheld the lower court’s ruling that parts of Florida’s House Bill 7, dubbed the Individual Freedom Act or the “Stop WOKE Act”, are unconstitutional and infringe on an employer’s free speech rights. Florida Governor Ron DeSantis signed the Individual Freedom Act in 2022 as part of his campaign against what he terms “woke ideology.”Continue Reading Eleventh Circuit upholds lower court decision holding Florida Individual Freedom Act unconstitutional
Last week, the U.S. District Court for the Eastern Division of Texas struck down the National Labor Relations Board’s 2023 rule changing the standard for establishing whether two affiliated entities are joint employers. Continue Reading Texas federal court strikes down NLRB’s joint employer rule
As we discussed in a recent blog post, last year the National Labor Relations Board (NLRB) issued a rule revising the standard for determining a joint employer. The rule was due to go into effect on Dec. 26, 2023, but was delayed when business groups led by the U.S. Chamber of Commerce brought a lawsuit in Texas against the NLRB alleging the rule exceeds the NLRB’s authority. Recently, a Texas federal judge delayed the rule implementation until Mar. 11, 2024 to give the Court additional time to issue a decision. Continue Reading NLRB joint employer rule delayed
Artificial Intelligence (AI) is impacting many aspects of our lives, and it is no surprise that many businesses are evaluating ways in which AI can streamline processes and reduce expenses. AI has the potential to significantly impact the workers’ compensation industry, including by reducing costs, simplifying processes, and predicting outcomes.Continue Reading Artificial Intelligence and the workers’ compensation system