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Kategorie: United States


President Trump suspends entry to US for certain foreign workers until end of 2020

President Trump has extended the entry ban for individuals applying for green cards until 31 December 2020 and introduced a ban on foreign nationals seeking to enter the US on certain categories of work visa.  This updates our alert of 22 April 2020, which discussed President Trump’s 60-day suspension on the entry of individuals applying for immigrant visas (‘green cards’) outside of the United States. Once again citing the high U.S. unemployment rate and the...

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LGBTQ+ workers are protected by the Civil Rights Act: a landmark decision from the US Supreme Court

June is Pride Month. This year’s Pride Month has extra meaning for the LGBTQ+ community, allies and advocates. On 15 June 2020, Justice Gorsuch, writing for the 6-3 majority of the United States Supreme Court, handed down the long-awaited decision in three consolidated cases: Bostock v. Clayton County, Altitude Express Inc. v. Zarda, and R.G. Harris Funeral Homes Inc. v. EEOC. (Justices Alito, Thomas and Kavanaugh dissented.) Ganzen Artikel lesen


US: Department of Labor relaxes rules for tipped employees


Employers now have greater flexibility in how they remunerate tipped employees who also perform non-tipped duties as a result of a reissued opinion from the US Department of Labor. This article sets out details of the revised and clarified policy, which is already effective. Executive Summary The Department of Labor’s Wage and Hour Division (WHD) has announced it will no longer apply the ‘80/20 rule’ to tipped employees, and will no longer require employers to...

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USA: New Primary Beneficiary Test for Internships

Recently, the US Department of Labor (DOL) announced that it will adhere to a new test for determining whether interns qualify as employees under the Fair Labour Standards Act (FLSA). The FLSA requires for-profit employers to pay ‘employees’ for their work; however, whether interns or students qualify as ‘employees,’ and, thus, are entitled to compensation for services provided, has been the subject of considerable litigation. In its statement, the DOL abandoned the six-factor test it instituted in 2010, and instead endorsed the ‘primary beneficiary’ test which was established by the Second Circuit in Glatt – v - Fox Searchlight Pictures, Inc. Further, the DOL stated that the Wage and Hour Division’s investigators will “holistically analyse internships on a case-by-case basis.” This is a strategic change in the DOL’s enforcement policies to align its procedures with several circuit court decisions. Ganzen Artikel lesen


USA: Employment law and marijuana

Some parts of the US have already fully legalised the use of marijuana, others are allowing for medicinal use, while still others are holding on to full prohibition [see map below]. This article discusses the potential workplace safety and employment law consequences for employers of the proposed legalisation of recreational marijuana in New Jersey. What’s happening in the state of New Jersey is fairly typical of the kind of changes taking place across the whole of the US – and it raises some interesting questions for employers. Ganzen Artikel lesen


U.S.A.: New statutes in Florida for ride-sharing industry

Florida lawmakers recently addressed the issue of how to classify transportation workers by enacting a law (Florida Statute § 627.748) that will permit transportation network companies (TNCs) (commonly referred to as ‘ride sharing’ companies) to classify their drivers as independent contractors under Florida law if they meet the law’s requirements. Ganzen Artikel lesen