President Trump recently issued two proclamations suspending the entry of many immigrants and other foreign nationals into the United States. These proclamations have caused considerable frustration and uncertainty for thousands of U.S. companies that rely on foreign workers to keep their businesses running. If these proclamations stay in effect, they will block an estimated half million plus people from entering the United States and prevent approximately 20,000 employers from bringing needed workers to the U.S. Business…

How long do you have to reinstate an employee following military leave? In Harwood v. American Airlines, the Fourth Circuit found that a delay of six or eight weeks was too long. The Uniformed Services Employment and Reemployment Act (USERRA) says employers must reinstate an employee returning from military leave and if, as in Harwood, there is some obstacle to the employee’s return to the old job, you cannot linger too long in placing him…

In a shocking example of good news these days, the Wage and Hour Division has revised its optional forms that employers can use on various FMLA issues. The new forms can be filled out electronically and have cut down on the number of questions that require written responses. Instead, many categories can now be handled by simply checking a box. Also, in this time of social distancing, they can be signed electronically (no contact!). The DOL hopes…

Although the issue of whether someone can sue a church for employment discrimination doesn’t come up often, in Our Lady Of Guadalupe School v. Morrissey-­Berru, the Supreme Court expanded the ministerial exception that precludes certain employment claims. This is big news for religious employers. Just like every other employer, churches and religious institutions sometimes get sued by an employee claiming a decision was based on a protected status, like race, sex or age. Those…

In hiring employees, can you just give them a salary bump or must you look at their soon-to-be coworkers to decide the correct amount? This is a hotly debated issue right now, and, as with many things, it depends on where you live. In Rizo v. Yovino, Fresno County Superintendent of Schools, the Ninth Circuit (which covers the West Coast) ruled that an employer could not consider salary history. Although not all courts agree on…

OSHA and the CDC have each recently issued new guidance for employers as more and more employees make their way back to on-site work following the COVID-19 shutdown. Here are a few tips to consider to ensure that you are providing a safe and healthy workspace. First, check the building facilities to ensure that they are ready for employees to return (especially if the building has been vacant for the past few months). This includes…