On September 14, the National Labor Relations Board (“Board”) issued a proposed new joint-employer rule. The proposed rule walks back the expanded scope of the Obama-era Board’s 2015 Browning-Ferris decision, which held that an employer’s potential or indirect control over a separate employer’s employees could establish joint-employer status. The Browning-Ferris decision ignored decades of Board...Read More
Recently, the Department of Labor reissued seven Family and Medical Leave Act (“FMLA”) forms. These forms now have an expiration date of August 31, 2021. The reissued forms are: WH-380-E, Certification of Health Care Provider for Employee’s Serious Health Condition; WH-380-F, Certification of Health Care Provider for Family Member’s Serious Health Condition; WH-381, Notice of...Read More
The U.S. Senate has confirmed John Ring, an attorney at Morgan Lewis & Bockius LLP, by a 50-48 vote to fill the only remaining vacancy on the National Labor Relations Board (NLRB). The board now consists of three Republicans and two Democrats. With a Republican majority on the board, practitioners are anticipating the overturning of...Read More
[vc_row][vc_column][vc_column_text]The latest challenge to Kentucky’s right to work law has been defeated. On January 23, 2017, a Franklin Circuit Court judge dismissed a union lawsuit challenging Kentucky’s Right to Work law, which was passed into law in 2017. Under the Kentucky Right to Work law, employers and unions are prohibited from entering into union contracts...Read More
Employers have a legal obligation to provide employees a Form W-2 stating the employee’s wages and withholdings for the year by January 31 of the following year. This obligation remains even when an employer has closed its doors and ceased operating. Employees should confirm that their employer (including former employers) have their most current contact information so...Read More
The Internal Revenue Service (IRS) recently issued a notice (Notice 2018-6) that extends the due date for furnishing required Affordable Care Act (ACA) forms to individuals and employees until March 2, 2018. Previously, the deadline to furnish individuals with their 2017 Form 1095-B (Health Coverage) and 1095-C (Employer-Provided Health Insurance Offer and Coverage) was January...Read More
On December 1, 2017, the National Labor Relations Board’s (“NLRB” or “Board”) new General Counsel, Peter B. Robb, issued his first G.C. Memorandum forecasting the direction of the NLRB in 2018 and beyond. Therein, the General Counsel rescinded several Obama-era memoranda and signaled the NLRB’s willingness to reexamine, among other things, the standards the NLRB...Read More
Recently, the National Labor Relations Board (“NLRB”) approved a Request for Information (“RFI”) to seek public comment on its Final Rule on what was commonly referred to as the “quickie election” rule. With this recent development, employers and unions are anticipating potential modifications to or rescission of the Final Rule based on the RFI. However,...Read More
Companies needing to extend their employees’ H-1B visa status from this year onward may face additional difficulty in doing so. United States Citizen and Immigration Services (USCIS) recently issued policy guidance instructing its officers to apply the same level of scrutiny toward renewal applications as toward initial petitions for nearly all nonimmigrant employment visa classifications,...Read More
The Trump administration announced today, September 5, 2017, that it will terminate the Deferred Action for Childhood Arrivals (DACA) program, and placed the responsibility on Congress to find a legislative solution for those affected. The DACA program was created by executive action under the Obama administration to protect young illegal immigrants who arrived to the United ...Read More
