Qiwei Chen

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The Age Discrimination in Employment Act of 1967 (“ADEA”) forbids employment discrimination against employees who are 40 years of age or older.  Private employers with less than 20 employees are not subject to the ADEA.  On November 6, 2018, the U.S. Supreme Court unanimously[1] held that the ADEA’s 20-employee threshold does not apply to government employers, and that state and local government entities are subject to the ADEA even if they have fewer than 20…
  Some employers require employees to enter into non-competition agreements at the time of hire, preventing them from competing with their employer during employment and during a certain time period after their employment ends. Non-compete agreements are often presented to employees with access to intellectual property, trade secrets, customer lists, business plans and strategies, and other valuable information that could potentially allow the employee to engage in unfair competition after leaving employment.  Along with confidentiality,…
Employers who hire foreign workers may already be familiar with U.S. Citizenship and Immigration Services (USCIS), the government agency that oversees lawful immigration to the United States. USCIS is also responsible for determining which foreign workers will be approved for the highly coveted H-1B skilled worker visa. Among all categories of temporary working visas, the H-1B is the most common.  However, in the past decade, H-1B visas have become increasingly difficult to obtain because of…
For years, the spouses of highly skilled foreign workers holding visas under the H-1B program weren’t authorized to work in the United States, absent separate approval through a separate program. However, in 2015, the Department of Homeland Security (DHS) published a final rule extending eligibility for employment authorization to certain spouses of H-1B visa holders seeking employment-based lawful permanent resident (LPR) status (commonly referred to as green card holders).  Under the Obama-era rule, intended to…
The National Labor Relations Board (NLRB) enforces and interprets the National Labor Relations Act (NLRA), which ensures the rights of employees to engage in collective bargaining and other union-related activities.  During the Obama administration, NLRB General Counsel Richard F. Griffin, Jr. aggressively advocated for labor-friendly positions, and the Democratic-majority Board often agreed.  But this Thanksgiving season, two new board members and a new General Counsel have set the table for changes that could make things…
On Monday, September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a news release announcing an immediate resumption of Premium Processing for all H-1B visa petitions subject to the fiscal year 2018 cap. As summarized previously by HR Legalist, the H-1B status allows U.S. employers to hire foreign workers in “specialty occupations” where a bachelor’s or higher degree (or equivalent) is normally required. The “cap” refers to both the “regular cap” of 65,000…
In a July 24, 2017 news release, U.S. Citizenship and Immigration Services (“USCIS”) announced an immediate resumption of Premium Processing for certain cap-exempt H-1B (Temporary Worker) Visa petitioners, including: institutions of higher education; nonprofits related to or affiliated with an institution of higher education; or nonprofit research or governmental research organizations. Premium Processing will also resume for petitions that may be exempt if the beneficiary will be employed at a qualifying cap-exempt institution, organization…