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USCIS Reaches U Visa Cap

By Tobin O’Connor & Ewing |

Due to the overwhelming success of the program, United States Citizenship and Immigration Services (USCIS) has reached its statutory cap for the issuance of U Visas, as it has every year since the program was created. The U Visa, a special nonimmigrant visa, allows victims of certain exploitative and violent crimes to remain in… Read More »

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NLRB Reissues Expedited Union Election Rules

By Tobin O’Connor & Ewing |

In 2011, business advocates across the nation balked at the National Labor Relations Board’s (NLRB’s) attempt to modernize labor union election procedures and expedite elections. Opponents argued that these new rules — dubbed “ambush election” rules by opponents — would deprive management of a fair opportunity to make a case against unionization to their… Read More »

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Supreme Court Considers “Fair Share” Laws

By Tobin O’Connor & Ewing |

Over the last several decades, public sector unions that represent state and local government employees have steadily increased in power and influence in the United States. This has partially been due to the ability of these unions to enjoy a stable stream of revenue due to “fair share” laws that allow them to collect… Read More »

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High Court Case Takes on “Donning and Doffing” Under the FLSA

By Tobin O’Connor & Ewing |

Despite the fact that the Fair Labor Standards Act (FLSA) has been in effect for almost 75 years, there are still instances where its nuances require judicial interpretation. One issue that arises from time to time is the extent to which union-negotiated collective bargaining agreements can override certain provisions of the FLSA. In a… Read More »

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US Supreme Court Clarifies Causality Standard for Retaliation Cases

By Tobin O’Connor & Ewing |

Employee charges and lawsuits for discrimination under federal law frequently go hand-in-hand with allegations of retaliation. These types of charges can be particularly damaging to employers from a public relations perspective because they are almost always premised upon allegations of deliberate and premeditated action by the employer. They are also a threat legally because… Read More »

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Boss-Employee Pay Gap Going Public?

By Tobin O’Connor & Ewing |

In September, the Securities and Exchange Commission (SEC) took steps to enact the Dodd-Frank mandate, requiring more transparency about executive compensation. Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 requires companies to disclose the median annual total compensation of all employees apart from the chief executive officer (CEO),… Read More »

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How NLRB v. Noel Canning Could Impact Labor Policy

By Tobin O’Connor & Ewing |

Every so often, a case comes along that can rightly be called a landmark decision because it has exceptionally broad ramifications and fundamentally changes the legal landscape. It seems, however, that such landmark cases have become peculiarly common of late. With the legal community still mulling over the impact of the Windsor decision from… Read More »

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U.S. Supreme Court Rules that Pharmaceutical Sales Representatives Are Not Entitled to Overtime Pay

By Tobin O’Connor & Ewing |

Under the Fair Labor Standards Act (FLSA), employers are generally required to pay overtime to employees. In Christopher v. SmithKlineBeecham Corp., pharmaceutical sales representatives sued their employers for overtime wages owed pursuant to the FLSA. However, there is an outside salesmen exception to the FLSA. The defendant pharmaceutical company maintained that these employees fell… Read More »

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Coleman v. Maryland Court of Appeals: Important Supreme Court Decision Regarding the Family and Medical Leave Act

By Tobin O’Connor & Ewing |

The Family and Medical Leave Act’s self-care provision permits an employee to take leave if there is a serious health condition that makes the employee unable to perform the functions of the position of such employee. The plaintiff, Daniel Coleman, worked at the Court of Appeals of Maryland when he requested leave under the… Read More »

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Making Sure Independent Contractors Are Not Considered Employees

By Tobin O’Connor & Ewing |

Signing an independent contractor agreement is not enough to make employees independent contractors. Under U.S. employment law, if workers are not properly classified, there can be unexpected liability for the employer. If workers are considered employees and they worked more than 40 hours, they are likely entitled to overtime pay under the Fair Labor… Read More »

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