Publications

 
Clear Filters
01 March 2023

IRS Effectively Eliminates Paper Filing For Forms 1095-C

Applicable Large Employers (ALEs)—which generally include employers with an average of at least 50 full-time employees, including full-time equivalent employees—are intimately familiar with the Form 1094-C and Form 1095-C filing requirements.  And while we suspect that most ALEs electronically file their Forms 1095-C, ALEs that were required to file less than 250 Forms 1095-C were permitted to file those forms with the IRS on paper.  The IRS issued a final rule on February 23, 2023 that will effectively eliminate the paper filing option for 2023 Forms 1095-C that must be filed during the first quarter of calendar year 2024.

27 February 2023

Reminder: H-1B Visa Registration to Begin March 1

U.S. Citizenship and Immigration Services (USCIS) announced the initial registration period for fiscal year 2024 H-1B cap-subject petitions. Registration opens at 12:00 p.m. EST on March 1, 2023 and runs through 12:00 p.m. EDT on March 17, 2023. During this period, employers can complete and submit their registrations using the electronic H-1B registration system.

24 February 2023

NLRB Decision Targets Lawfulness of Important Severance Agreement Terms

Earlier this week, the National Labor Relations Board issued its decision in McLaren Macomb, 372 NLRB No. 58, holding that employers violate federal labor law when they offer severance agreements with terms, such as broad confidentiality or non-disparagement terms, which have a reasonable tendency to interfere with, restrain, or coerce employees in the exercise of their statutory rights under the National Labor Relations Act (NLRA).

22 February 2023

Illinois Opens Door to Huge Employer Damages Under Biometric Information Law

Since its 2008 enactment, the Illinois Biometric Information Privacy Act, or “BIPA,” has required employers with employees in Illinois to carefully handle employee biometric information.  BIPA violations create significant liability for the unwary or unsavory employer.  To top it off, last week, an Illinois Supreme Court decision exponentially expanded the potential damages that Illinois employers may face.  In some cases, the money damages could make your jaw drop.

13 February 2023

H-1B Visa Registration to Begin in March

U.S. Citizenship and Immigration Services (“USCIS”) announced the initial registration period for fiscal year 2024 H-1B cap-subject petitions. Registration opens at 12:00 p.m. EST on March 1, 2023 and runs through 12:00 p.m. EST on March 17, 2023. During this period, employers can complete and submit their registrations using the electronic H-1B registration system.

26 January 2023

Court of Appeals Upholds Existing Minimum Wage and Paid Sick Leave Laws

Earlier today the Michigan Court of Appeals reversed a lower court’s July 2022 decision that had found the 2018 state legislature’s “adopt and amend” strategy violated the state constitution.  As a result, Michigan employers will not be required to increase minimum wages or expand their paid sick leave policies.

23 January 2023

Starting the Year With a Bang: OFCCP Publishes First CSAL for 2023

Late last week the OFCCP released the first Corporate Scheduling Announcement List (CSAL) for 2023.  The CSAL is advance notice to a federal contractor establishment selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation (CMCE), or Functional Affirmative Action Program (FAAP) Review.   

06 January 2023

FTC Proposes Ban on Non-Compete Clauses in Employment Agreements

Yesterday, the Federal Trade Commission (FTC) announced a proposed rule to ban non-compete clauses in employment contracts. Non-compete clauses are often important tools for employers in protecting their interests against unfair competition by departing employees for reasonable periods of time within an employer’s competitive markets. The proposed rule would bar employers from entering into or enforcing such clauses with workers.

05 January 2023

Congress Passes New Protections for Pregnant and Nursing Workers

Last week President Biden signed into law an omnibus spending bill that guarantees pregnant workers nationwide the right to reasonable accommodations in the workplace, and nursing workers the right to a private space and break times to express breast milk.