In an increasingly digital world, many employers are looking to rely less on paper and move to electronic systems. In recent years, the concept of electronic Form I-9 completion and maintenance has become an attractive option for companies looking to achieve this goal.
The U.S. Department of Homeland Security has provided some guidance relating to
Welcome to Baker McKenzie’s new Labor & Employment video chat series for US employers, The Employer Rapport. Our lawyers will provide quick, practical tips on today’s most pressing issues for US employers navigating the new normal. The videos complement our blog, The Employer Report, which provides written legal updates and practical insights about
America’s political divisions seem to be deepening. And, what’s troubling for employers is that our polarized political climate appears to be affecting employee productivity significantly, according to research by Gartner. According to a nationwide survey in February, 47% of employees reported that debate surrounding the 2020 elections is impacting their ability to get work done.
A CEO who becomes entangled in human resources functions by terminating an employee in a distant locale could expose himself to personal jurisdiction (and personal liability) there, the D.C. Circuit Court of Appeals recently held in Urquhart-Bradley v. Mobley, No 19-7716 (D.C. Cir. June 30, 2020).
The message to executives is clear: a termination conversation could count as sufficient contacts for purposes of personal jurisdiction, even if the employee being terminated is in another state and even if the conversation itself was via telephone and not in person. In Urquhart-Bradley, a panel of the D.C. Circuit Court of Appeals (Srinivasan, Chief Judge, Garland, and Millett, Circuit Judges) joined a list of courts that have refused to apply the “fiduciary shield” doctrine, which provides that a nonresident corporate agent generally is not individually subject to a court’s jurisdiction based on acts undertaken on behalf of the corporation. Where the fiduciary shield does not apply, employers are cautioned to leave termination conversations to HR or in-house counsel to keep executives from being haled into court in another jurisdiction.Continue Reading Message From Courts To CEOs: Stay In Your Lane
In the wake of the economic downturn resulting from the COVID-19 pandemic, government investigations into perceived preferential treatment of foreign workers by U.S. employers is expected.
At-risk companies include those in industries that typically employ a higher number of foreign workers under H-1B, H-2A and H-2B visas, from technology and consulting to hospitality and food
Yesterday evening, the President signed a Proclamation expanding the restrictions outlined in the April 22 Proclamation in an effort to protect the U.S. workforce amidst the economic downturn related to the ongoing COVID-19 pandemic. The Proclamation suspends the entry of any individual pursuant to H-1B, H-2B, L, and J nonimmigrant status, and their dependents (H-4, L-2, and J-2), until December 31, 2020. The Proclamation applies to individuals who are currently outside of the United States and are not in possession of a nonimmigrant visa or other official travel document valid as of June 24, 2020. In addition, the Proclamation extends the restrictions on the issuance of immigrant visas outlined in the April 22, 2020 Proclamation through December 31, 2020. This Proclamation contains a range of exceptions, which are detailed below.
The Proclamation is separate from Embassy and Consulate closures and COVID-19 related restrictions on travel to the US from certain countries, which continue to remain in effect. Yet, those measures must be read in conjunction the latest Proclamation. The June 22 announcement imposes further restrictions on the movement of foreign national employees into the United States that likely has a wider impact on US employers than the April 22 Proclamation.Continue Reading Latest COVID-19 Related Presidential Proclamation on US Immigration Expands Restrictions and Impacts Nonimmigrant Visa Applicants Abroad
On June 19, 2020, the IRS released Notice 2020-50 (the Notice) which provides additional guidance on tax-favored distributions from retirement plans and expanded plan loan relief under the “Coronavirus Aid, Relief, and Economic Security Act” (the CARES Act).
As noted in our prior alert, the CARES Act provides that during the period January 1, 2020 to December 30, 2020, “qualified individuals” may take coronavirus-related distributions of up to $100,000 from their eligible retirement plans. A qualifying coronavirus-related distribution is not subject to the 10% additional tax on early distributions that would otherwise normally apply to distributions made before an individual reaches age 59 ½. In addition, a coronavirus-related distribution can be included in income ratably over the three-year period commencing with the year of distribution and the individual taking the distribution has three years to repay the distribution to the plan, if they so choose, which has the effect of reversing the tax income tax consequences of the distribution.
In addition, the CARES Act provides that plans may implement relaxed rules for qualified individuals relating to retirement plan loan amounts and repayment terms. Specifically, plans may suspend loan repayments that are due from March 27 through December 31, 2020, and the dollar limit on loans made between March 27 and September 22, 2020, is increased from $50,000 to $100,000.Continue Reading Additional Guidance for Coronavirus-Related Distributions and Loans
We are please to share with you The Global Employer – Global Immigration & Mobility Quarterly Update which is a collection of immigration and mobility alerts from around the world.
Please click here to view.
As the global economy begins to reopen, employers must now plan for the complex issues presented by mobile employees. During this 25-minute moderated discussion focused on Spain, the Netherlands and the UK, our Global Immigration & Mobility lawyers from Madrid, Amsterdam & London explore the current landscape and anticipated challenges employers will face with business
With special thanks to our Australian colleagues Michael Michalandos and Carmel Foley for this post.
This briefing contains a summary of everything an employer in Australian needs to know about the operation of the award system.
We have prepared this briefing because there has been a high incidence of employers in the information technology industry failing to have regard to the application of modern awards in their workforce or misunderstanding how these awards operate. In particular, many employers have issued employment contracts which do not identify the applicable award and do not contain provisions which comply with the award.
This may result in a potentially serious compliance issue which could cost the business a significant amount of money in terms of back-payments, penalties, and potential reputational damage.
Modern awards (or, simply, “awards”) are industrial instruments created by the Fair Work Commission (FWC) that set and regulate minimum terms and conditions of employment for certain employees in Australia. Currently, there are 122 awards and almost all businesses in Australia will employ award-covered employees. Awards operate in a similar way to legislation and their application can only be circumvented in very limited circumstances.
Awards generally fall into one of two categories: “industry awards” or “occupational awards.” Some awards apply on both an industry and occupational basis, for example the Professional Employees Award 2010 (Professional Employees Award) which, for example, covers engineers on an occupational basis but also covers employers operating in the “information technology industry” (as defined) on an industry basis.Continue Reading A Quick & Timely Guide to the Australian Award System
