• Employment Law Strategist

    Your H-1B Petition Was Not Selected in the Lottery

    Michael J. P. Schewe

    Now What?

    Fairly soon, an estimated 150,000 businesses in the United States will receive some bad news: U.S. Citizenship and Immigration Services (USCIS) will not be considering their H-1B petitions for skilled foreign workers. The petitions will be rejected without any analysis as to their merits. Yet these businesses with a clear need for temporary help will have to explore other ways to keep their prospective or current employee working for their company, or face the possibility that the foreign worker may be forced to return home.

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  • Employment Law Strategist

    The Dire Financial Consequences of Misclassifying Your Employees

    Kristen D. Perkins and Jason J. Oliveri

    Looking at a Case in Florida

    In February of this year, a Florida appeals court upheld a decision by Gov. Rick Scott's administration that Uber drivers are independent contractors and not employees. In terms of the law, the decision was hardly revolutionary. It did, however, highlight the importance of properly classifying workers. Indeed, failure to properly classify workers can have staggering financial consequences for a business that operates on a model that relies heavily on a large number of independent contractors.

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  • Employment Law Strategist

    Top Issues for an Acosta Labor Department: Overtime, Gig Workers and the Fiduciary Rule

    Victoria Roberts

    Secretary of Labor Alexander Acosta, who was confirmed by the Senate late last month, is a veteran government official who is set to hit the ground the running. What direction can labor and employment attorneys expect him to take the agency charged with enforcing many of the nation's workplace laws, and what are issues to watch in the early days?

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  • Employment Law Strategist

    EEOC Updates Guidance on National Origin Discrimination

    Robert G. Brody and Katherine M. Bogard

    At the end of last year, the Equal Employment Opportunity Commission (EEOC) for the first time in 14 years updated its Guidance on national origin discrimination. The Guidance serves as a road map for employers on how the EEOC will investigate national origin discrimination charges. As a result, employers are wise to review the new Guidance to ensure that their anti-discrimination policies can withstand an EEOC investigation.

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  • Employment Law Strategist

    Employee Data Theft

    Timothy M. Opsitnick, Joseph M. Anguilano and Trevor B. Tucker

    How to Investigate

    When suspicions of employee data theft arise, it is important to engage a computer forensics expert to perform a theft-of-IP analysis in order to preserve electronic data and uncover important evidence.

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  • The Corporate Counselor

    The Scope of the Dodd-Frank's Whistleblower Protection

    Joseph M. McLaughlin and Yafit Cohn

    Is a corporate employee who reports an employer's possible violation of the securities laws to a supervisor or internal compliance officer — but not to the SEC — considered a "whistleblower" entitled to protection from retaliation under Dodd-Frank? Courts that have considered this question have reached differing conclusions.

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