Mar 25 2025
The New Direction of the National Labor Relations Board 03.25.2025 Employer's Legal ResourceSection 7 of the National Labor Relations Act (NLRA) protects employees who act together to improve their working conditions—whether it’s through unionizing or other forms of collective action. These protections apply to many workers, even outside of unions. Want to know how the NLRB enforces this and shapes policy? Learn how federal law has your back when you speak up at work.
Mar 10 2025
Wage and Hour Laws Apply to Undocumented Workers 03.10.2025 Employer's Legal ResourceBoth the federal Fair Labor Standards Act (FLSA) and New Jersey wage and hour laws apply to all workers—regardless of immigration status. Employers cannot use a worker's undocumented status to avoid paying minimum wage or overtime, or to retaliate against workers who report wage violations. Think your rights don’t apply? Read more to understand the protections you’re entitled to.
Mar 06 2025
More CTA Developments: U.S. Treasury Announces U.S. Citizens and Domestic Entities Immune From Enforcement 03.06.2025 Health Law Check UpOn March 2, 2025, the U.S. Department of the Treasury announced it will no longer enforce Corporate Transparency Act (CTA) requirements against U.S. citizens or domestic entities. Instead, reporting obligations will apply only to foreign-formed entities doing business in the U.S. Find out how this shift could affect your compliance obligations moving forward.
Feb 19 2025
Smith preliminary injunction has been stayed - the CTA is BACK 02.19.2025 Health Law Check UpOn February 17, 2025, in a decision by the U.S. District Court for the Eastern District of Texas in Smith, et al. v. U.S. Department of the Treasury, et al., 6:24-cv-00336 (E.D. Tex.), beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) are, once again, back in effect. FinCEN, has provided most entities with a March 21, 2025 filing deadline.
Feb 13 2025
What An Employer Should Do if ICE Conducts an Unannounced Visit to Its Workplace 02.13.2025 Employer's Legal ResourceMany employers these days are becoming increasingly concerned about the possibility that their workspace may be visited by Immigration and Customers Enforcement (ICE). ICE agents may arrive at an employer’s office or building without warning as part of an investigation to attempt to search and seize property and/or to try to find and/or detain a particular person. It is important for employers to have a plan in place for such a situation, including a written policy.
Feb 11 2025
Negotiating False Claims Act (FCA) Cases for Pharmacies: Key Strategies for an Effective Defense 02.11.2025 Pharmacy Law ResourcePharmacies play a critical role in the U.S. healthcare system, providing essential medications to patients and facilitating access to life-saving treatments. However, as healthcare spending continues to rise, pharmacies increasingly face scrutiny by the U.S. government for potential violations of the False Claims Act (FCA). The FCA is frequently leveraged to address concerns about false billing or misrepresentations of services.
Feb 10 2025
H-1B Cap Lottery for FY 2026: What You Need to Know 02.10.2025 Employer's Legal ResourceCorporations and companies looking to bring in new professional talent from overseas may want to utilize the H-1B Visa Category, which covers those positions that would normally require a Bachelor’s Degree. If your company is interested in these hires, they must prepare to act very soon. There is a lottery to get a visa in this category and there is more demand than visas available.
Feb 06 2025
Fifth Circuit Strikes the DOL’s Rule Prohibiting Employers from Claiming a Tip Credit When an Employee Works on Tasks That are Not Tip-Generating 02.06.2025 Employer's Legal ResourceThe U.S. Court of Appeals for the 5th Circuit recently held that the Department of Labor’s 2021 rule setting strict limits on the amount of time tipped employees could spend performing non-tip generating tasks has been struck down as arbitrary and capricious. The 5th Circuit found the rule to be inconsistent with the Fair Labor Standards Act (FLSA), which allows the tip credit for any employee who is engaged in an occupation that customarily and regularly receives tips, regardless of the specific duties of that occupation.
Jan 29 2025
New York State Provides Paid Prenatal Care Leave 01.29.2025 Employer's Legal ResourceEffective January 1, 2025 all pregnant workers in New York became eligible for up to 20 hours of paid leave per year (defined as a 52-week period), to receive prenatal care. (Paid Prenatal Leave Law “PPLL”). This leave is separate from and unrelated to other types of paid family or sick leave benefits. The guidance (NY DOL FAQ regarding PPLL) states that “[a]n employer cannot require an employee to choose one leave type over another or require an employee to exhaust one type of leave before using Paid Prenatal Leave.”
Jan 24 2025
Supreme Court lifts Preliminary Injunction, but the CTA still remains Enjoined 01.24.2025 Health Law Check UpThis alert updates and modifies our prior alert regarding the Corporate Transparency Act. In continuation of the ongoing on-again, off-again injunction regarding enforcement of the Corporate Transparency Act (CTA), on January 23, 2025 the United States Supreme Court issued a stay of the prior injunction from the Fifth Circuit.