Press & Publications | Ogletree Deakins

2013 H-1B Cap Count (5/18/12 Update)

Ogletree Deakins — Tue, 22 May 2012 00:00:00 -0400

Published Date:

May 22, 2012

As of May 18, 2012, the U.S. Citizenship and Immigration Services (USCIS) has received a total of approximately 58,000 H-1B cap filings for employment in FY 2013: 42,000 petitions have been receipted against the “regular cap” of 65,000 and 16,000 H-1B petitions have been receipted against the “Master’s cap” of 20,000 for foreign nationals with advanced degrees from U.S. universities and colleges.

Taking FMLA Leave Does Not Affect Employee’s Obligations Under Non-FMLA Attendance Policies

Ogletree Deakins — Mon, 21 May 2012 00:00:00 -0400

Published Date:

May 21, 2012

Employment termination during an employee’s leave under the Family and Medical Leave Act (FMLA) may constitute “interference” with that leave. However, an employer typically does not violate the FMLA if it terminates an employee for failing to comply with the company’s policies regarding absences, even if those absences occur during a protected FMLA leave. A recent decision by the 3d U.S. Circuit Court of Appeals reminds us that the FMLA is not a law that can remedy an employee’s failure to follow a company’s sick leave policies. Pellegrino v.

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Benefits eAuthority

Ogletree Deakins — Wed, 16 May 2012 00:00:00 -0400

Published Date:
May 16, 2012

Articles in this issue include:

DOL Issues Field Assistance Bulletin Clarifying Participant Fee Disclosure Rules

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Benefits eAuthority (5-16-12)

DOL Issues Field Assistance Bulletin Clarifying Participant Fee Disclosure Rules

Ogletree Deakins — Wed, 16 May 2012 00:00:00 -0400

Published Date:
May 16, 2012

On October 10, 2010, the Department of Labor (DOL) published final rules requiring plan administrators to disclose certain fee and investment related information to participants and beneficiaries in participant-directed individual account plans (generally, 401(k) plans) (the Participant-Level Disclosure Rules). On May 7, 2012, the DOL published Field Assistance Bulletin No. 2012-02 (FAB) clarifying some of the most frequently asked questions with respect to the Participant-Level Disclosure Rules.
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FY 2013 H-1B Cap Likely to Be Reached in June

Ogletree Deakins — Tue, 15 May 2012 00:00:00 -0400

Published Date:
May 15, 2012

As of May 11, 2012, U.S. Citizenship and Immigration Services (USCIS) has received a total of approximately 51,500 H-1B cap filings for employment in FY 2013: 36,700 petitions have been receipted against the “regular cap” of 65,000 and 14,800 H-1B petitions have been receipted against the “Master’s cap” of 20,000 for foreign nationals with advanced degrees from U.S. universities and colleges.
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Immigration eAuthority

Ogletree Deakins — Tue, 15 May 2012 00:00:00 -0400

Published Date:
May 15, 2012

Articles in this issue include:

FY 2013 H-1B Cap Likely to Be Reached in June

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Immigration eAuthority (5-15-12)

New York Seeks to Bar Employers from Requesting Social Media Log-in Names or Passwords

Ogletree Deakins — Mon, 14 May 2012 00:00:00 -0400

Published Date:
May 14, 2012

On April 13, 2012, a bill (S6938) was introduced and referred to the Labor Committee of the New York State Senate, which would prevent employers from requesting employees’ or job applicants’ social media (Facebook, Twitter, etc.) log-in names or passwords. The bill would prohibit employers from terminating, disciplining, penalizing, or refusing to hire employees for refusing to provide such information.
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Attorney-Assisted Gripes About Commission Reduction Not Protected By New Jersey CEPA

Ogletree Deakins — Mon, 14 May 2012 00:00:00 -0400

Published Date:
May 14, 2012

On April 9, 2012, the New Jersey Appellate Division overturned a jury award of $3.6 million to a plaintiff who previously had convinced a jury that he was terminated for complaining about his reduced commissions, in violation of the Conscientious Employee Protection Act (CEPA), rather than—as the employer claimed—for his inappropriate emails. Powell v. Wachovia Corporation et. al., A-1727-10T4 (N.J. App. Div. Apr. 9, 2012).
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New Jersey Adopts “Employment First” Initiative

Ogletree Deakins — Mon, 14 May 2012 00:00:00 -0400

Published Date:
May 14, 2012

On April 19, 2012, Governor Chris Christie announced that New Jersey will become the 14th state to adopt the “Employment First” initiative. The Employment First initiative will require the state government to eliminate any barriers or practices that might prevent persons with physical, developmental, and mental disabilities from being employed and will increase the employment opportunities available to persons with disabilities.
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New York Assembly Attempts to Fix Gender Pay Discrepancies

Ogletree Deakins — Mon, 14 May 2012 00:00:00 -0400

Published Date:
May 14, 2012

The Democratic-led New York Assembly has approved four bills that seek to prohibit wage discrepancies between men, women, and minorities. The New York State Fair Pay Act (A6130A) would make it unlawful for employers to discriminate in wage rates between employees on the basis of sex, race, and/or national origin, and further would prohibit discrimination in wage rate between jobs predominantly staffed with minorities as compared to equivalent jobs predominantly staffed by non-minorities.
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New Jersey eAuthority

Ogletree Deakins — Mon, 14 May 2012 00:00:00 -0400

Published Date:
May 14, 2012

Articles in this issue include:

New Jersey Seeks to Bar Employers From Requiring Social Networking Info

New Jersey Adopts “Employment First” Initiative

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New Jersey eAuthority (May 2012)

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Plaintiff Bears the Burden of Establishing Mitigation of Front Pay Damages under New Jersey LAD

Ogletree Deakins — Mon, 14 May 2012 00:00:00 -0400

Published Date:
May 14, 2012

On April 5, 2012, the New Jersey Appellate Division addressed the burden of proof for front pay claims, in Quinlan v. Curtiss-Wright Corporation, A-5728-06T1 (N.J. App. Div. Apr. 5, 2012) (a case which previously made headlines before the Supreme Court in 2010 and was covered in the December 2010 issue of the New Jersey eAuthority).
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