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USCIS Completes H-1B Cap Random Selection Process for FY 2018

Agency Still Accepting Applications Exempt from Cap U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption (also […]

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Health Care Reform Updates: How to Determine ALE Status

ALEs Must Comply with ACA’s ‘Pay or Play’ Provisions An employer which has at least 50 full-time employees, including full-time equivalent employees (FTEs), on average during the prior year is generally considered an “applicable large employer” (ALE) under the Affordable Care Act (ACA) for the current calendar year. These employers are subject to the ACA’s […]

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DOL Finalizes 60-Day Delay of Fiduciary Rule

Rule Now Expected to Become Applicable on June 9, 2017 The U.S. Department of Labor (DOL) has issued a final rule delaying the applicability date of the Fiduciary Rule, from April 10, 2017, to June 9, 2017. Background On April 8, 2016, the DOL released the “Fiduciary Rule,” which expanded the number of persons that […]

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California Updates Paid Sick Leave FAQs

FAQs Address Employers’ Existing Paid Time Off Policies and Purposes for which Paid Sick Time Must Be Provided The California Department of Industrial Relations has released updated FAQs addressing California’s paid sick leave law. Background Under California’s paid sick leave law, most employers are required to provide up to 24 hours (or 3 days) per […]

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USCIS Announces New Measures to Detect H-1B Visa Fraud and Abuse

Adopts ‘More Targeted Approach’ to Site Visits U.S. Citizenship and Immigration Services (USCIS) has announced several new measures it will implement to identify employers deemed to be abusing the H-1B visa program. New Measures Effective immediately, USCIS will take a “more targeted approach” when making site visits across the country to H-1B petitioners and the […]

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President Trump Signs Repeal of OSHA’s ‘Volks Rule’

Rule Previously Became Effective on January 18, 2017 President Trump has signed into law House Joint Resolution 83, which repeals the “Volks Rule,” an Occupational Safety and Health Administration (OSHA) rule which imposed on employers continuing obligations to make and maintain accurate records of recordable injuries and illnesses. The rule previously became effective on January […]

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ACA’s ‘Essential Health Benefits’ Explained

Requirements Generally Apply to Plans Offered in Individual and Small Group Markets Under the Affordable Care Act (ACA) and its corresponding regulations, non-grandfathered health plans offered in the individual and small group health insurance markets are generally required to cover a core package of items and services known as “essential health benefits.” (This requirement does […]

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OFCCP Adjusts Annual Benchmark for Hiring Protected Veterans

Certain Contractors Must Establish Hiring Benchmarks for Protected Veterans The Office of Federal Contract Compliance Programs (OFCCP) has posted a new annual benchmark for use by contractors required to establish a hiring benchmark for protected veterans under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). The new annual benchmark is 6.7%. Background VEVRAA regulations require […]

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CA: New Restrictions on the Consideration of Criminal History in Employment Decisions

New Regulations Effective July 1, 2017 The California Department of Fair Employment and Housing (DFEH) has released final regulations, effective July 1, 2017, that address employers’ consideration of criminal history in employment decisions under the state Fair Employment and Housing Act (FEHA). Background The FEHA prohibits harassment and discrimination in employment because of the race, […]

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San Francisco: Employer Annual Reporting Form Due May 1, 2017

2016 Employer Annual Reporting Form Now Available Employers covered by San Francisco’s Health Care Security Ordinance (HCSO) and/or the Fair Chance Ordinance (FCO) are required to submit the 2016 Employer Annual Reporting Form to the Office of Labor Standards Enforcement by May 1, 2017.  Coverage Employers may determine whether they are required to submit the […]

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