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COVID-19Blog Posts

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New Executive Order Takes Aim at Hiring under Federal Contracts

The “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” Executive Order directs federal departments and agencies to conduct audits of federal contracts awarded in Fiscal Years 2018 and 2019 to determine if U.S. job opportunities or the economy have been adversely affected by the use of temporary foreign workers in the... Continue Reading…
August 18, 2020

National Interest Exemptions to Visa Restrictions

The Department of State (DOS) has provided more details to the Consulates on the national interest exemption under President Donald Trump’s June 22, 2020, executive order. The “Presidential Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” bars holders of certain visas from entering the U.S.... Continue Reading…
August 17, 2020

Update: USCIS Furloughs Expected in September Unless Congress Provides Funding

With a breakdown in talks on the latest COVID-19 stimulus package and with most senators and representatives out of town (though the House has been recalled from vacation to address the U.S. Postal Service crisis), USCIS has not received the $1.2 billion that it wants and says it needs to avoid furloughing two-thirds of its... Continue Reading…
August 17, 2020

Update: USCIS Selects Additional H-1B Cap Registrations for FY 2021 Cap

There have been rumors floating that USCIS might be selecting more H-1B cap registrations for the FY 2021 cap.  Those rumors appear to be true.  As of August 14, 2020, registrants have received emails with notifications of further selections.  A USCIS spokesperson said, “that full visa petitions for those selected in the second round this... Continue Reading…
August 14, 2020

Public Charge Rule Update: Court Limits Nationwide Injunction to Connecticut, New York, Vermont

On August 12, 2020, the U.S. Court of Appeals for the Second Circuit limited the nationwide injunction on the Department of Homeland Security’s Public Charge Rule to three states: Connecticut, New York, and Vermont. Since August 14, 2019, exactly one year ago today, when DHS published the final version of the new Public Charge Rule... Continue Reading…
August 14, 2020

San Francisco Clarifies Back to Work Ordinance Requirements

In July, San Francisco’s Back to Work ordinance went into effect.  The ordinance requires employers operating in San Francisco to offer reemployment to eligible employees laid off as a result of the COVID-19 pandemic and the related stay at home and shelter in place orders issued by the City of San Francisco when they are... Continue Reading…
August 14, 2020

Plan Defends Valuation of Accounts in Midst of COVID-Related Market Volatility

A 401(k) plan and its administrators are defending the administrator’s decision to require a special valuation of former employees’ account values, given extraordinary market changes due to the COVID-19 pandemic.  Under the terms of the plan at issue, when a former employee seeks a distribution of his or her plan account, the account is typically... Continue Reading…
August 12, 2020

Finally, EADs Appear Headed to Foreign Nationals with Approved Applications

Assuming there is no further stalling or litigation by the government, Employment Authorization Documents (EADs) may finally be on their way to approximately 75,000 foreign nationals who have been waiting for them, in some cases for months, after having approved application notices in hand. In Subramanya v. USCIS, federal District Judge Algenon L. Marbley issued a... Continue Reading…
August 11, 2020

New DIR Guidance for Safe Reopening

At the end of July, the Department of Industrial Relations (“DIR”) released guidance to assist with the safe reopening of businesses in light of the ongoing COVID-19 pandemic. The guidance covers the following topics: Employer Obligations to Keep the Workplace and Employees Safe Face Coverings Medical Checks Returning to the Worksite Waivers of Liability The... Continue Reading…
August 11, 2020

Class Action Trends Report Summer 2020

Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue, attorneys in the Class Actions & Complex Litigation Practice Group discuss the most pressing workplace class action litigation risks arising from the COVID-19 pandemic... Continue Reading…
August 10, 2020