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What You Need to Know About President Trump’s Executive Order on Immigration Issues

Over the past week, President Donald J. Trump signed three Executive Orders involving US immigration issues. The Executive Order signed on January 27, 2017, was somewhat unexpected in terms of its focus and the extent of its reach. Entitled “Protecting the Nation from Foreign Terrorist Entry into the United States,” the order has an immediate impact on millions of legal immigrants, nonimmigrants and US businesses.

Since the order was signed, there have been numerous announcements from the US Department of Homeland Security, including US Citizenship & Immigration Services and US Customs & Border Protection, as well as the US Department of State. Many of these announcements have been contradictory or have been superseded immediately by other information. This is an ever-changing situation, but the following information is current as of press time:

  • Nonimmigrant and immigrant visa processing has been suspended for nationals of Iraq, Iran, Syria, Libya, Somalia, Sudan and Yemen.
  • Issuance of visas has been suspended for a period of 90 days. The US embassies and consulates have cancelled immigrant visa appointments for the month of February. Further cancellations are expected.
  • Suspension of visa processing does not include those traveling on diplomatic visas; NATO visas; C-2 and C-3 visas for UN and foreign transit; and G-1, G-2, G-3 and G-4 visas.
  • Nationals of Iraq, Iran, Syria, Libya, Somalia, Sudan and Yemen in possession of valid nonimmigrant and immigrant visas are barred from entry to the United States for a period of 90 days.
  • Immediately after the Order was signed, many nationals of the aforementioned countries boarded flights to the United States. These travelers experienced long waits in the inspections area, only to be denied admission to the United States. At the present time, airlines will not board individuals from the aforementioned countries who hold nonimmigrant or immigrant visas.
  • Nonimmigrant and immigrant visas of nationals of Iraq, Iran, Syria, Libya, Somalia, Sudan and Yemen have been provisionally revoked.
  • Revocation goes hand-in-hand with the ban on travel to the United States, but it is still unknown whether those holding such visas will need to have them reissued in the future or if their visa status will be reinstated in some manner.
  • Nationals of Iraq, Iran, Syria, Libya, Somalia, Sudan and Yemen may be issued visas or granted other immigration benefits on a case-by-case basis if the Secretaries of State and Homeland Security determine it is in the national interest to issue visas or benefits to such individuals.
  • At the present time no procedure has been announced for requesting review of a visa application under the “national interest” exception.
  • It has been determined that nationals from the seven countries who are US permanent residents will be readmitted to the United States as being in the national interest, provided no derogatory information about an individual is uncovered.
  • The policy on readmission of permanent residents was a tremendous relief to many who initially [...]

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Key UK Employment Law Events in 2017 and Beyond

Current indications are that 2017 may be a fairly static year as regards to employment law.

Whilst it is anticipated the government will trigger Article 50 to start Brexit negotiations, these are likely to last for at least two years, and existing employment laws are unlikely to feel any ripple effect from leaving the European Union for some time.

In the meantime, the Prime Minister has asked for a review, expected to take around six months, on whether current employment laws are adequate to protect the rights of the growing numbers of atypical workers. It is unlikely though that any resulting changes will come into effect in 2017.

There are, however, a number of key developments that employers will definitely need to get to grips with, or at least prepare for, in 2017.

Read the full article here.

*Cindy LaMontagne (Trainee) contributed to this article.




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Understanding Equal Pay Laws and Avoiding and Defending Pay Equity Claims

The federal government’s focus on pay equity and pay data, and the passage of groundbreaking equal pay laws in a number of states, has been one of the biggest employment law developments of 2016. Litigation involving pay equity claims has also risen in the past year. Given the increased focus on pay equity from these multiple sources, employers are well-advised to examine their compensation policies and practices. Understanding and applying the varying tests for pay equity under federal and state statutes can pose a challenge, however.

To learn more, please join us for an in-depth webinar on Tuesday, January 24, 2017 at 12:00-1:00pm EST.




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Protecting Against SEC Whistleblower Enforcement Actions: Employment and Severance Agreements

Large fines have recently been imposed against public companies due to using confidentiality provisions that violate whistleblower provisions under federal securities law. Many standard confidentiality clauses in employment agreements, severance agreements, release agreements, non-compete agreements and other employment related agreements will violate these whistleblower provisions. Recently, the Office of Compliance Inspections and Examinations at the US Securities and Exchange Commission announced that it is actively reviewing these agreements to determine if there are possible securities law violations.

This webinar will address the whistleblower provisions relevant to employment related agreements, the recent SEC enforcement actions, the compliance issues raised by typical confidentiality clauses and actions for employers to consider for existing and future employment related agreements.

On-demand presentation link available here.

MP4 downloadable link available here.




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Understanding the Federal Court Injunction against the DOL’s Revised Overtime Rule and Determining What to Do Next

A federal district court judge in Texas issued an order granting a temporary injunction late Tuesday against the Department of Labor’s new overtime exemption rule that was scheduled to take effect December 1. This article contains some practical tips on what employers should do next.

Read the full article.




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UK Employment Alert: Uber Drivers Uber Happy

As you may have seen from the extensive press coverage, the UK Employment Tribunal has delivered its much anticipated judgment in Aslam and Farrar v Uber. The case was about whether Uber drivers are self-employed contractors, or are “workers” with rights to minimum wage, statutory holidays, sick pay and breaks, amongst other workers’ rights.

Read the full article.




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An Overview of the New Section 457(f) Regulations

On June 22, 2016, the Internal Revenue Service (IRS) issued proposed regulations under Section 457(f) of the Internal Revenue Code of 1986, as amended (Code). These long-awaited regulations were first previewed in IRS Notice 2007-62. In that Notice, the IRS announced its intention to issue proposed regulations that would harmonize the rules for deferred compensation plans of tax-exempt organizations (and state and local governments) under Section 457(f) with the then-new special rules for all deferred compensation arrangements under Section 409A. After nine years, the proposed regulations now issued address three principal issues, although with some unexpected changes and opportunities.

Read the full article here.




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IRS Announces Employee Benefit Plan Limits for 2017

The Internal Revenue Service recently announced the cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare plans for 2017. Although some of the dollar limits currently in effect for 2016 will change, the majority of the limits will remain unchanged for 2017.

Read the full article here.




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