In speaking to job applicants, interviewers need to be circumspect in what they say. There are questions that can be asked, and there are questions that can create real headaches, as well as liability. A recent case demonstrates how comments in an interview ended up in federal court litigation.

A University hired a woman to…

United States Citizenship and Immigration Services (“USCIS”) announced on April 11 that the agency had randomly selected enough H-1B petitions to meet the congressionally mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for FY2019.  USCIS received 190,098 H-1B petitions during the filing period which began April 2, including petitions filed…

On occasion, many businesses provide unpaid internship opportunities. However, it is important to be sure the unpaid internship does not run afoul of the Fair Labor Standards Act, as some companies have learned the hard way that rather than having an unpaid intern they had an “employee” and ended up with wage and hour liability.…

Last week, the federal government passed its new budget proposal, which included an amendment of the Fair Labor Standards Act (FLSA) to protect the rights of tipped workers. Prior to this law, tip sharing rules were governed by DOL wage and hour regulations.

The new law is in direct opposition to a proposed Department of…

Join Shipman & Goodwin labor and employment attorneys for this complimentary CLE webinar providing a discussion of changing laws and legal concerns related to opioids and medical marijuana in the workplace. Presenters will review recent court decisions, the interaction between state law and accommodations under the ADA and potential conflicts with federal laws. They will…

If an employee is an at-will employee, he or she is not entitled to any explanation about the reason for the termination.  Nevertheless, when terminating an employee, most employers sensibly provide the employee with a reason for the termination. In any subsequent litigation, the employer will be required to explain the legitimate, non-discriminatory reasons for…

Working understaffed is never easy for managers or the rest of the work force. The concern about getting the work done creates pressures on everyone. When an employee seeks an accommodation under the ADA, many questions arise. A recent case demonstrated what can happen when not working with the requesting employee.

A utility company staff…

Please save the date and pre-register for Shipman & Goodwin’s 2018 Labor and Employment Public Sector Spring Seminar on May 4, 2018. Note: This program is intended for Public Sector employers.

Recent trends in the workplace related to claims of harassment, discrimination, and workplace violence, suggest that now more than ever, employers must to be

Certain H-4 dependent spouses of H-lB visa holders have been eligible for U.S. employment authorization, following a U.S. Department of Homeland Security (“DHS”) rule change in May 2015[1]. Since that time, thousands of spouses with H-4 classifications have applied for and obtained employment authorization documents (“EAD”). With these EADs, they have entered the…