On December 1, Judge Jeffrey White of the US District Court for the Northern District of California invalidated two new regulations that raised prevailing wages and eligibility criteria for foreign workers to receive H-1B visas.
“This decision ensures the continued viability of the H-1B program, which supplies work authorization to more than 580,000 individuals in the United States,” Paul Hughes, partner at McDermott Will & Emery, said in a recent article by the Society of Human Resource Management.
Some estimates have upwards of 10 million Americans living abroad; three-fifths of them are working in some fashion, according to a 2017 survey by the expatriate support organization InterNations. And even if a much smaller number are working for US employers, a substantial portion have spent much of 2020 navigating the challenges of visa, benefits, taxes and work status. Beyond that, the challenges that come along with remote work—Zoom fatigue, balancing caregiver roles with job tasks and more—are exacerbated by working across a long stretch of time zones.
In a recent article by Evolve, McDermott partner Brian Cousin outlines the importance of employers staying engaged with their employees working abroad—and staying on top of shifting employment circumstances and restrictions.
UK employees “working from anywhere” face fines or investigations from foreign tax authorities if they stay too long, become a resident in a foreign country for tax purposes and fail to declare their UK incomes. In some cases, they could also be hit with double taxation on the same earnings.
In a recent article in The Daily Telegraph, McDermott partner Simon Goldring advises employees to consider the tax implications of extended “work from home” abroad.
As federal benefits regulators turn their focus toward plans’ mental health offerings and California lawmakers expand plans’ obligations in that area, now is a great time for employers to ensure their plan approaches mental health treatment the same way as traditional medical care.
In a recent article by Law360, McDermott partner Judith Wethall helps explain the importance of mental health parity in benefits plans.
Leadership’s responsibility for assuring gender equality within the workplace just received an important, highly public “push.” In a recent article in Forbes, McDermott partner Michael Peregrine analyzes a crucial study by McKinsey and LeanIn.org, which concluded that women have born an outsized workplace-related burden during the COVID-19 economy.
Employers are contending with how to respond to telecommuters dressing down during the pandemic. Companies also are considering how to ensure dress codes don’t unlawfully discriminate or violate National Labor Relations Act (NLRA) rights.
In a recent article by the Society of Human Resource Management, McDermott Employment associate Philip Shecter advises employers to be mindful of these rights, which may arise in the context of attire in favor of social justice movements.
Flu season is officially here, and in light of the COVID-19 pandemic’s continued effects across the country, doctors are imploring people to get their annual flu shot. In a recent interview with the Los Angeles Times, McDermott partner Michelle Strowhiro discussed approaches and options for employers as they consider making the flu vaccine mandatory.
Healthcare employers are immediately impacted by two recent developments in federal and California COVID-19 paid leave laws: a Department of Labor revision to the Families First Coronavirus Response Act (FFCRA) and a new California supplemental paid sick leave legislation. For both changes in the law, quick action is required for compliance.
With the school year underway, employers in the United States face a new challenge: childcare-related leave and accommodation requests by employees. With widespread remote learning and evolving legal obligations to provide paid leave to working parents, employers must navigate unique staffing challenges while complying with the Families First Coronavirus Response Act (FFCRA) and other state and local leave laws. In our recent webinar, we outlined some of the current leave requirements regarding childcare obligations and practical solutions to navigate these uncharted waters.
Even though a vaccine to prevent COVID-19 isn’t available yet, it’s not too early for employers to start considering whether they will require employees to get the vaccination when it is ready. In a recent article by the Society of Human Resource Management, McDermott partners Michelle Strowhiro and Sandy DiVarco highlighted some of the factors, considerations and accommodations that may be necessary once a vaccine is ready.
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