USCIS to Mail Evidence of Work Authorization to Certain E and L Nonimmigrant Spouses

Written by David S. Rugendorf Today (March 18, 2022) the U.S. Citizenship and Immigration Services (USCIS) announced that beginning April 1, 2022, it will mail notices to certain E and L nonimmigrant spouses, specifically those who entered the United States before January 30, 2022 and who are the beneficiaries of an approved Form I-539 extension of status.  These notices, along with an unexpired I-94, will … Continue reading USCIS to Mail Evidence of Work Authorization to Certain E and L Nonimmigrant Spouses

President Biden Signs Law Weakening Pre-Dispute Arbitration Agreements by Allowing Employees to Opt Out of Arbitration of Claims Relating to Sexual Assault and Harassment

Written by Jeremy Mittman and Stephen Rossi On March 3, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFA SASHA”) which amends the Federal Arbitration Act (“FAA”) to effectively ban employers from enforcing pre-dispute agreements that require employees to arbitrate sexual assault or harassment claims. Effective immediately, the law allows employees alleging sexual assault or harassment to … Continue reading President Biden Signs Law Weakening Pre-Dispute Arbitration Agreements by Allowing Employees to Opt Out of Arbitration of Claims Relating to Sexual Assault and Harassment

Of Brides and Instagram: Second Circuit Vacates Injunction Giving Employer Control Over Social Media Accounts that Use Employee’s Name

Written by Alexandra Anfuso Recently, in JLM Couture, Inc. v. Gutman (2d Cir. January 25, 2022), the Second Circuit vacated the provision of a preliminary injunction prohibiting Hayley Paige Gutman, a bridal gown designer and social media influencer, from accessing social media accounts under the “Hayley Paige” name.  Hayley Paige Gutman is the namesake of the “Hayley Paige” line of wedding dresses.  In 2011, Gutman signed … Continue reading Of Brides and Instagram: Second Circuit Vacates Injunction Giving Employer Control Over Social Media Accounts that Use Employee’s Name

Inadvertent Legal Errors Cannot Undo Copyright Registrations

Written by Rebecca Benyamin On February 24, 2022, the U.S. Supreme Court issued Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., 595 U.S. ___ (2022), holding that where a copyright holder lacks either factual or legal knowledge as to an inaccuracy in a copyright application (and registration certificate), the Copyright Act’s safe harbor provision excuses such inadvertent error.   A valid copyright registration carries significant advantages … Continue reading Inadvertent Legal Errors Cannot Undo Copyright Registrations

Returning to Your Physical Office After COVID-19?:  Remember to Resume Physical Inspection of I-9s

Written by David S. Rugendorf The return to the physical workplace environment after approximately two years of remote work arrangements brings with it many challenges and tasks.  What employers may easily overlook is that “normal” in-person Form I-9 administration procedures resume upon employees’ return to the physical office.  Moreover, physical inspection of documents is also required for employees who were on-boarded during a COVID-19 remote … Continue reading Returning to Your Physical Office After COVID-19?:  Remember to Resume Physical Inspection of I-9s

Update: California Publishes COVID-19 Supplemental Paid Sick Leave FAQs

Written by Jeremy Mittman Last week, California’s Department of Industrial Relations released FAQs for the state’s recently enacted 2022 COVID-19 Supplemental Paid Sick Leave law. Highlighted below are several clarifying points from the FAQs. Read our general breakdown of the new law here. Definition of Quarantine or Isolation Period  The FAQs clarify that the guidelines that would apply to determine whether and for how long … Continue reading Update: California Publishes COVID-19 Supplemental Paid Sick Leave FAQs

SEC Proposes Shortening the Securities Transaction Settlement Cycle

Written by Blake Baron On February 9, 2022, the U.S. Securities and Exchange Commission (SEC) unanimously voted to propose shortening the standard settlement cycle for securities transactions from two days to one. The full proposed rule can be found here and a fact sheet can be found here. According to the fact sheet, the proposal, which aims to reduce risks in the clearance and settlement … Continue reading SEC Proposes Shortening the Securities Transaction Settlement Cycle

It’s Back!  COVID-19 Supplemental Paid Sick Leave Returns in California

Written by Jeremy Mittman On February 10, 2022, California Governor Gavin Newsom signed Senate Bill 114 (SB 114), which brings back COVID-19 supplemental paid sick leave, into law. SB 114, which applies to employers with 25 or more employees, will go into effect on February 20, 2022, applies retroactively to January 1, 2022, and will be in effect through September 30, 2022. While the new … Continue reading It’s Back!  COVID-19 Supplemental Paid Sick Leave Returns in California

US Authorities Implement New Admission Codes for E and L Spouses, Providing for Employment Authorization Automatically Upon Entry

Written by David S. Rugendorf As of January 31, 2022, the US Customs and Border Protection has begun providing spouses of E and L-1 nonimmigrants with a special designation code upon admission to the United States.  Following a lawsuit settlement that was announced in November, 2021, these spouses will be allowed to work in the United States immediately upon entry.  These spouses will be issued … Continue reading US Authorities Implement New Admission Codes for E and L Spouses, Providing for Employment Authorization Automatically Upon Entry

Employee Whistleblowing Claims under the California Labor Code just got Harder to Defeat 

Written by Jeremy Mittman Last week, the California Supreme Court clarified the evidentiary standard for whistleblower retaliation claims brought under California Labor Code section 1102.5. In its decision, the high court clarified that such claims should not be evaluated under the McDonnell Douglas test, but that the standard set forth in the more employee-friendly California Labor Code section 1102.6 should apply instead. Background In Lawson … Continue reading Employee Whistleblowing Claims under the California Labor Code just got Harder to Defeat