Wyatt Employment Law Report

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By Sherry Porter Many employers sponsor high deductible health plans (HDHP) coupled with a health savings account (HSA) to provide group health insurance for their eligible employees.  In order to utilize an HSA, the individual must have coverage under a HDHP and have no disqualifying health coverage.  One issue that has arisen relates to the requirement that the HDHP generally cannot provide for any medical expense (except for preventive care) until the participant satisfies the…
By Roger Morris All STEM OPT employers need to be aware of reports that Immigration and Customs Enforcement (“ICE”) has begun random onsite inspections of STEM OPT employers. It is becoming increasingly important for any business that employs STEM OPT students to plan and train staff for the day ICE comes knocking at your door. “STEM OPT” is a reference to foreign graduates of U.S. universities who earned degrees in Science, Technology, Engineering, or Math…
By Glen Krebs.  Roger Morris, who recently passed the Kentucky Bar Exam, contributed to this article. Last month, the Department of Homeland Security (“DHS”) published a final rule set to go into effect October 15, 2019 governing the Immigration and Nationality Act’s provisions on public charge grounds of inadmissibility. The final rule redefines “public charge” and is vastly more restrictive than current policy. Many expect the rule change to result in significantly higher denial rates…
By Sharon Gold On September 27, 2019, the Department of Labor (“DOL”) published the much anticipated Final Rule that significantly raises the minimum salary for exempt workers from $23,660 to $35,568.  It is estimated that more than one million workers will either become eligible for overtime pay or have their salaries raised to meet the minimum.  The Final Rule is available here. We reported previously on the recent history of the proposed changes to
By Courtney Samford On June 25th , 2019, the Kentucky Unemployment Insurance Commission (“Commission”) announced a formal response to the Kentucky Court of Appeals’ holding in Nichols v. Kentucky Unemployment Insurance Commission that determined employers must have attorney representation during appeal hearings and proceedings.  The Commission has taken the position that while the case is on appeal before the Kentucky Supreme Court, “there will be no changes to the current practice of allowing representation by…
By Courtney Samford As we recently reported, the Kentucky Pregnant Workers Act (the “Act”) takes effect on June 27, 2019. The Act, which applies to Kentucky employers with more than 15 employees, requires reasonable accommodations, including, but not limited to, the need to express breast milk, for employees with limitations related to pregnancy, childbirth, or a related medical condition, unless it would pose an undue hardship on the employer. The Act also contains specific notice…
By: Noah Lewis, Wyatt Summer Associate In a recent decision, the Supreme Court of the United States unanimously held that the Title VII charge-filing requirement is not a jurisdictional prerequisite, but a procedural prerequisite. In the June 3, 2019 decision, in the case of Fort Bend Cty., Texas v. Davis, 2019 WL 2331306 (2019), the Supreme Court addressed whether Title VII’s charge-filing precondition to suit is a jurisdictional requirement that can be raised at any…
By Michelle Wyrick With few exceptions, employers with 100 or more employees and certain government contractors are required to submit a workplace profile, broken down by race, sex, ethnicity, and job category, to the Equal Employment Opportunity Commission (“EEOC”) by May 31, 2019. This year, covered employers must also comply with a second deadline.  By September 30, 2019, EEO-1 filers must report W-2 wages and hours worked within 12 specific pay bands by race, gender…
By Glen Krebs We have heard a lot recently about the H-1B CAP.  The U.S. Citizenship and Immigration Services (“USCIS”) just completed its lottery to select which H-1B visa applications it will review.  They will soon start to return the applications and fees for those cases that were not selected in the lottery.  Next year, the process will be different and less costly to employers.  Watch for the new instructions to come out later in…
By Sharon Gold The Kentucky Pregnant Workers Act (“the Act”), adopted in April, amends  the Kentucky Civil Rights Act (“KCRA”), and expands protections for pregnant workers in Kentucky.  The Act applies to  employers who have 15 or more employees within the state in each of twenty or more calendar weeks in the current or preceding calendar year and any agent of the employer.  It requires employers to provide reasonable accommodations, including but not limited to…