Written by Andrea Moran The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire March 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibility policy an additional 60 days until...
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By Luis F. Calvo On July 8, 2020, the U.S. Supreme Court issued a 7-2 decision holding that Catholic schoolteachers cannot bring employment discrimination claims against the religious institutions that employ them. The Court reached its decision citing the so-called “ministerial exception,” based on the First Amendment’s protection of the rights of religious institutions “to decide for themselves, free from state interference, matters of church...
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By Luis F. Calvo On June 15, 2020, the U.S. Supreme Court issued a landmark 6-3 decision extending Title VII of the Civil Rights Act of 1964’s prohibitions against discriminations “because of sex” to gay, lesbian, and transgender employees. As a result, “[a]n employer who fires an individual merely for being gay or transgender” violates Title VII. The Supreme Court issued a single decision...
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Written by David S. Hansen Among the early stimulus/relief measures that the U.S. government passed earlier this month was a refundable tax credit for paid sick leave paid by certain employers under specified conditions. The IRS recently released some guidance regarding how employers receive credit here: https://www.irs.gov/newsroom/treasury-irs-and-labor-announce-plan-to-implement-coronavirus-related-paid-leave-for-workers-and-tax-credits-for-small-and-midsize-businesses-to-swiftly-recover-the-cost-of-providing-coronavirus The pertinent section telling employers how to receive the credit and how much of a credit is here:...
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As we discussed in great detail last week on our Blog and Legal Updates, the Families First Coronavirus Response Act (“FFCRA”) requires that certain employers provide paid leave for temporary additional reasons and paid sick leave for specified reasons related to the COVID-19 pandemic. The full summary can be found here. The U.S. Department of Labor (“DOL”) has now confirmed that FFCRA is to take...
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On September 25, 2019, the Labor and Employment Section of ScottHulse presented a half-day seminar to the El Paso Society of Human Resources Management (EPSHRM). Topics covered included Harassment in the Workplace, When does HR cross into the Practice of Law, ADA Issues in the Workplace, and Immigration and Reform. ScottHulse attorneys who presented at this seminar were Rosemary Marin, Stephen Venzor, Blake Downey, Adrian...
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On March 7, 2019, the U.S. Department of Labor issued its long-awaited replacement of the Obama administration’s controversial overtime rule, raising the minimum salary threshold required for workers to qualify for the Fair Labor Standards Act’s “white collar” exemptions to $35,308 per year ($679 per week), from the previous $23,660 per year ($455 per week), which had been in effect since 2004. The new Proposed...
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By Rosemary M. Marin, Attorney & Shareholder; Chair, Labor & Employment TWO IMPORTANT LEGAL TIDE CHANGES THIS WEEK This week, the Trump Administration announced two big changes in its interpretation of the law, as compared to prior interpretations by the Obama Administration. TITLE VII Does Not Extend To Transgender On October 5, 2017, U.S. Attorney General Jeff Sessions announced that Title VII, the federal law...
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EL PASO, TX – More than a hundred attendees participated in the Fall Employment Law Update, presented by ScottHulse Law Firm in partnership with the El Paso Society for Human Resource Management (EPSHRM). Labor & Employment attorneys from ScottHulse PC, a full service commercial firm based in El Paso, San Antonio and Las Cruces, presented topics specific to Human Resource professionals for the half-day event.Topics...
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On Monday, July 17, 2017, the United States Citizenship and Immigration Services Department (“USCIS”) released another revised version of the Form I-9, Employment Eligibility Verification. The latest version of the Form I-9 contains minor changes to the Instructions section and the List of Acceptable Documents. Specifically, the Instructions section contains the following revisions: In addition to the revisions to the Instructions section, the List of...
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