Business Immigration Updates for U.S. Corporations and Foreign Investors

Premium Processing Now Available for All Petitioners Seeking H-1B Visas On October 3rd, 2017, the United States Citizenship and Immigration Services (USCIS) announced that it resumed premium processing for all H-1B visa extension of stay petitions. With this announcement, employers may now request to upgrade pending H-1B petitions to premium processing. Suspension of premium processing […]

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EEOC’s Suit Against Florida-Based Transportation and Logistics Company May Interest Employers Nationally

The Equal Employment Opportunity Commission (“EEOC”) recently sued CRST International and CRST Expedited (a major trucking and logistics company based in Florida, “CRST”), alleging that it violated the Americans with Disabilities Act (“ADA”) by refusing to retain a truck driver trainee, denying the trainee’s request for permission to be accompanied by a service dog while […]

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Don’t Rob Peter to Pay Paul

When businesses experience financial difficulties, it is very common for them to “rob Peter to pay Paul.” Occasionally, this takes the form of using taxes that have been withheld from employees’ paychecks to pay expenses instead of remitting those funds to the IRS.  Of course, it is well known that even though such obligations are […]

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What Is “Race” Under Title VII’s Prohibition Against Racial Discrimination?

Is race one’s inherited biological and anthropological characteristics? Or, is race one’s cultural traits and social construct? Or, is race merely an idea? To decide whether Title VII’s prohibition against racial discrimination is violated by refusing employment to a candidate who wears dreadlocks, the Eleventh Circuit had to decide what constitutes race.  In EEOC v. […]

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Revised FLSA Exemption Rule Which Was to Take Effect December 1, 2016 Blocked Nationwide

The Department of Labor’s (“DOL”) 2016 revisions to the rule determining exemptions from the Fair Labor Standards Act (“FLSA”) were blocked nationwide by a Texas federal district court (“District Court”) on November 22, 2016. The revisions, which were to take effect December 1, 2016, required an employee classified as exempt to be paid at least […]

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U.S. Eleventh Circuit: Job Applicants May Not Sue for Disparate Impact Under the Age Discrimination in Employment Act

In the widely anticipated decision in Villarreal v. R.J. Reynolds Tobacco Co., the United States Court of Appeals for the Eleventh Circuit held that 29 U.S.C. §623(a)(2), the disparate impact provision of the Age Discrimination in Employment Act (“ADEA”), does not apply to job applicants.[1]  Spanning seventy-six pages, the 8-3 en banc decision produced two […]

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