Hi, How Can We Help You?

Labor and Employment

NLRB’s Proposed New Joint Employer Rule Would Walk Back Scope of Browning-Ferris Decision

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 employ...

Read More

FMLA Forms Reissued With New Expiration Dates

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...

    Read More

Senate Confirms John Ring To NLRB

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, practitione...

Read More

Kentucky’s Right to Work Law Upheld

[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 la...

Read More

Employee Options When Employer Fails to Issue W-2 Form

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 ...

Read More

Employers and Coverage Providers Given More Time to Deliver 2017 Health Coverage Information Returns

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 Coverag...

Read More

NLRB Overturns Browning-Ferris and Lutheran Heritage Cases: Issues New Joint Employer Test and Standard for Analyzing Workplace Policies

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 wil...

Read More

NLRB Seeks Public Comment on “Quickie Election” Rule

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...

Read More

H-1B Visa Renewal Process to Become More Difficult

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 applicati...

Read More

BREAKING: Trump Administration Announces Termination of DACA Program

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 Ob...

Read More