BW INSIGHTS

USCIS Conducts Second H-1B Lottery

By BrownWinick | 08.24.2020
U.S. Citizenship and Immigration Services (USCIS) has conducted a second H-1B lottery to select additional FY 2021 H-1B Cap cases. BrownWinick first reported the conclusion of the H-1B lottery selection in April; however, employers began to receive notifications of case selection late last week. This second lottery is in an effort to fill the FY... Read More

Department of Homeland Security Issues Guidance on Exemptions to Travel Bans

By BrownWinick | 08.24.2020
The Department of Homeland Security has issued guidance on exemptions to travel bans, specifically detailing exemptions to Presidential Proclamations 10014 and 10052, which together suspend the entry of certain immigrant visa applicants, and foreign nationals who present a risk to the U.S. economic recovery efforts in the wake of COVID-19, until... Read More

DOL Issues Final Rule On Retail or Service Establishment Commissioned Sales Exemption

By BrownWinick | 05.28.2020
The United States Department of Labor issued a final rule to simplify application of the commissioned sales exemption from the Fair Labor Standards Act (“FLSA”). Under that exemption, an employee may be treated as exempt from the FLSA overtime requirement if: (1) the employee works in a “retail or service” establishment, (2) earns a regular rate... Read More

COVID-19 As We Enter May: What Should Employers Be Thinking About?

By Danielle Smid | 05.04.2020
While legal considerations will vary by business priorities, practicalities, and industry, we have seen several recurring topics on employers’ minds as we begin a new month in this coronavirus pandemic. Below, I’ve outlined a quick list of topics to make sure your company is on top of: Leave requirements under Families First Coronavirus Response... Read More

PPP Portal Opens to Small Lenders Only for 8 Hours

By BrownWinick | 04.29.2020
On Wednesday, April 29, the U.S. Treasury and Small Business Administration (“SBA”) announced that for eight hours, big banks will be prevented from accessing the Paycheck Protection Program (“PPP”) portal. During this time, small lenders will have exclusive access to submitting applications for PPP loans. A lender with under $1 billion in assets... Read More

Small Business Exemption to FFCRA

By Danielle Smid | 03.31.2020
The Families First Coronavirus Response Act (FFCRA) contains a potential exemption for certain small employers who cannot afford to provide the childcare-related paid leave requirements under the FFCRA. Although we are still waiting on the official regulations to be issued by the DOL, there has been additional guidance issued by the DOL in the... Read More

Determining Whether Your Business Qualifies as Essential

By Brennan Block | 03.26.2020
More and more state and local governments are issuing “stay at home” orders that require all non-essential businesses to cease operations and send employees home. We’ve received many client questions regarding the ramifications of these orders, the definition of an “essential business,” and the registration requirements for essential businesses.... Read More

DOL Updates Effective Date and Issues Model Notice Posters

By BrownWinick | 03.25.2020
As noted in our last post, the Department of Labor announced the effective date of the new federal leave laws is April 1, and not April 2. In related news, today, the Department of Labor has issued its model notice posters for Emergency Paid Sick Leave and Expanded FMLA Leave under the FFCRA. The notice for private employers can be found here:... Read More

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