Polsinelli at Work |  Labor & Employment Blog

Employers, whether large or small, face an ever-growing web of workplace regulations and potential entanglements with employees. With employment litigation and advocacy experience as our strength, preventing legal problems from arising is our goal. Our Labor & Employment attorneys advise management on complex employee relations and workplace issues. 20 offices; 800+ attorneys. 

PolsinelliAtWork.com was recently recognized as one of the top employment blogs in the nation by Feedspot.


That’s A Wrap—Six Important California Employment Legislative Updates Effective January 1, 2018

That’s A Wrap—Six Important California Employment Legislative Updates Effective January 1, 2018

By Anne Cherry Barnett

As the 2017 California legislative session comes to an end, employers are faced with new employment laws added to the labyrinth of California employment compliance. Governor Brown recently signed into law six new statutory obligations that take effect on January 1, 2018:

  1. Ban on Salary Inquiries- Applicant’s Prior Salary History (AB 168)
  2. Parental Leave for Small Employers and Parental Leave Mediation Program (SB 63)
  3. “Ban The Box”-Conviction History of Applicants (AB 1008)
  4. Additional Harassment Training on Gender Identity, Expression & Sexual Orientation (SB 396)
  5. Immigration Worker Protection Act (AB 450)
  6. Expansion of the Labor Commissioner’s Authority For Retaliation Claims (SB 306) 
Read More

Important Update: New Form I-9

Important Update: New Form I-9

By Jeffrey S. Bell

On July 17, 2017, the U.S. Citizenship and Immigration Services (“USCIS”) released a new version of Form I-9, Employment Eligibility Verification. USCIS reports that employers can use this revised version immediately or continue using the previous Form I-9 (which references a revision date of November 14, 2016) through September 17. Starting on September 18, employers must use the new version Form I-9 (with a revision date of July 17, 2017). Employers must also continue following existing storage and retention rules for any previously completed Form I-9 as well as for the new form.

See the new I-9 and completion instructions here.

Read More

USCIS to Suspend Premium Processing of H-1B Applications

USCIS to Suspend Premium Processing of H-1B Applications

By Jeffrey S. Bell

Beginning on April 3, 2017, United States Citizenship and Immigration Services (USCIS) will suspend processing of all H-1B petitions. USCIS reports the suspension may last up to six months. The suspension applies to all H-1B petitions filed on or after April 3, 2017, and as H-1B petitions filed as part of this year’s H-1B lottery may not be received prior to April 3rd, all H-1B lottery petitions are also included in the suspension. According to USCIS, the suspension is needed to better allocate adjudications resources and help reduce overall H-1B processing times, which are presently running six to eight months.

Read More

Buying a Company? Don’t Let the “I” in M & A Be MIA

Buying a Company? Don’t Let the “I” in M & A Be MIA

By Doreen Dodson

In any merger and acquisition or other business reorganization, one critical piece should not be MIA: the consideration of immigration issues. If a purchaser ignores or postpones immigration issues until after closing, it can result in very serious consequences, ranging from losing critical employees to visits, fines or penalties from the USCIS (United States Citizenship and Immigration Service) or worse, from ICE (Immigration and Customs Enforcement).

Read More

Administration Proposes Immigration Increase . . . in Immigration Fees that is.

Administration Proposes Immigration Increase . . . in Immigration Fees that is.

By Jeffrey S. Bell

On May 4, 2016, U.S. Citizenship and Immigration Services published a notice of proposed rulemaking regarding changes to the USCIS filing fee schedule. USCIS is proposing to raise immigration benefit application filing fees by an average of over 20%. USCIS is primarily funded by immigration benefit request fees charged to the applicants, and these filing fees comprise 94% of USCIS’s annual budget of $3 billion. USCIS last raised immigration filing fees in 2010, and the agency has justified the increase as necessary to fully recover the costs of services, to maintain an adequate service level, and to allow for processing and technological improvements.  

Over the last six years, USCIS has seen a significant increase in the number of benefits applications filed. While applications filed by employers have remained steady, applications filed by individuals for naturalization have increased 25%, applications for permanent residence by 15%, and applications to replace expiring permanent resident cards by almost 50%.

Read More