The Dawn of a New Day: USPTO Implements the TMA

Written by Alesha M. Dominique and Caen A. Dennis On November 17, 2021, the United States Patent and Trademark Office (USPTO) issued its highly anticipated final rule, which amends the rules of practice in trademark cases to implement provisions of the Trademark Modernization Act of 2020 (TMA).  Many parts of the final rule will go into effect on December 18, 2021, with other portions effective on December 1, 2022.  … Continue reading The Dawn of a New Day: USPTO Implements the TMA

Potential Changes to PERM Recruitment Processes following Facebook Settlement

Written by Stephen A. Blaker On October 20, 2021, the U.S. Departments of Labor (DOL) and Justice (DOJ) announced separate settlement agreements with Facebook in connection with the company’s PERM labor certification applications. The PERM labor certification program allows companies like Facebook to provide sponsorship for the company’s employees seeking permanent resident status (“green card”) in the United States. This application process requires the U.S. … Continue reading Potential Changes to PERM Recruitment Processes following Facebook Settlement

USCIS Issues Guidance To New Employment Authorization (EAD) Policy for H-4, L-2 and E Spouses

Written by David S. Rugendorf Following on the November 11, 2021 announcement of a settlement agreement on the subject (see our MSK Immigration Alert, “USCIS Agrees To Relief For L-2 And H-4 Spousal Work Authorization (EAD) Applicants” (November 11, 2021)), the USCIS today issued guidance on its new policy, titled “Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses” (USCIS Office of the … Continue reading USCIS Issues Guidance To New Employment Authorization (EAD) Policy for H-4, L-2 and E Spouses

USCIS AGREES TO RELIEF FOR L-2 and H-4 SPOUSAL WORK AUTHORIZATION (EAD) APPLICANTS

Written by David S. Rugendorf On November 10, 2021, the Department of Homeland Security (DHS), which the US Citizenship and Immigration Services (USCIS) is a part of, signed a settlement agreement in the case of Shergill et al. v. Mayorkas, where it agreed to provide relief to L-2 and H-4 spousal work authorization (EAD) applicants.  For H-4s, the spouses of H-1B workers eligible for work … Continue reading USCIS AGREES TO RELIEF FOR L-2 and H-4 SPOUSAL WORK AUTHORIZATION (EAD) APPLICANTS

OSHA Issues, and Fifth Circuit Stays, Emergency Temporary Standard for COVID-19 Vaccination of Private Sector Employees

Written by Gary McLaughlin and Eric Engelman On November 4, 2021, the Occupational Safety and Health Administration (“OSHA”) issued its long-awaited COVID-19 vaccination rule for private employers. The OSHA COVID-19 vaccination and testing emergency temporary standard (“ETS”) applies to all employers with 100 or more employees, and requires that employees be fully vaccinated for COVID-19, or comply with testing and face covering requirements.  The ETS … Continue reading OSHA Issues, and Fifth Circuit Stays, Emergency Temporary Standard for COVID-19 Vaccination of Private Sector Employees

EEOC Issues New COVID-19 Guidance on Religious Objections to Vaccine Mandates

Written by Jeremy Mittman An increase in workplace mandatory COVID-19 vaccination policies has yielded an increase in employees’ requests for special exemptions. This week, the EEOC issued updated guidance on how employers should handle religious objections to COVID-19 vaccine mandates. The guidance explains how Title VII of the Civil Rights Act, which prohibits employment discrimination based on religion, applies. Under Title VII, employers are required … Continue reading EEOC Issues New COVID-19 Guidance on Religious Objections to Vaccine Mandates

White House Announces New COVID-19 Vaccination and Testing Requirements for Air Travelers to US

Written by David S. Rugendorf Yesterday, October 25, 2021, the White House issued its long-awaited vaccination and testing requirements for noncitizen/nonpermanent resident air travelers to the United States. The new requirements, which will take effect at 12:01 a.m. on November 8, 2021, replace the previous travel restrictions – no longer will travelers physically present in certain specified geographic regions (China, UK, Ireland, Europe (Schengen countries), … Continue reading White House Announces New COVID-19 Vaccination and Testing Requirements for Air Travelers to US

CA Governor Newsom Signs Flurry of New Laws

Written by Jeremy Mittman This month, California Governor Gavin Newsom enacted a flurry of new laws that directly impact California employers. Here’s a breakdown of the laws (all of which go into effect on January 1, 2022), and what you need to know: SB 331: Broadly Prohibits Non-Disclosure Clauses in Settlement Agreements Senate Bill 331 expands the limit on non-disclosure clauses in settlement agreements to … Continue reading CA Governor Newsom Signs Flurry of New Laws

China Tariff – 301 Update

Written by Susan Kohn Ross In discussing the current state of the 301 tariffs, the first place to start is with the pending litigation. There, the Government has filed its cross-motion to dismiss responding to what plaintiffs had previously argued. The next step is for the panel of judges assigned to these 3800+ cases to decide if they will order oral argument or decide the … Continue reading China Tariff – 301 Update