Catherine C. Kang,
Of Counsel

Blog

https://www.employerlawreport.com/

Recent Blog Posts

  • Ohio Supreme Court clarifies employers’ defenses to temporary total disability compensation in workers’ compensation cases By Rebecca Kopp Levine    Last year, we reported on the Tenth District Court of Appeals’ decision limiting employers’ defenses to temporary total disability compensation following the termination of an employee. Recently, the Supreme Court of Ohio reversed the lower court decision and issued a decision favorable for Ohio employers. In State ex rel. AutoZone Stores, Inc. v. Indus. Comm., 2024-Ohio-5519, the Supreme Court clarified when employers may contest an employee’s request for temporary total disability compensation.  Case overview: Injury, termination and compensation... More
  • Immigration policy considerations for employers as we embark on a second Trump administration By Hannah Harris    Immigration reform will be a focal point of the new administration in the early days of Trump’s transition back to the White House with a likelihood that some changes initially will come by way of executive action. The practical implications of any immigration policy changes may begin to take shape in the early months of the new administration, but based on his past administration and campaign rhetoric, it is possible that some changes could be swift. The Trump campaign... More
  • Changes to Medicare set-aside reporting By Rebecca Kopp Levine    Employers settling workers’ compensation claims with Medicare beneficiaries are required to take into consideration Medicare’s potential interest. Settling parties obtain a Medicare Set-Aside (MSA) report that designates a portion of the settlement to be set-aside for future medical treatment.  This process is to ensure that The Center for Medicare and Medicaid Services (CMS) is not paying for medical treatment that should have been covered by a workers’ compensation claim.  CMS announced that the rules for reporting workers’ compensation... More
  • Bona fide termination of H-1B employee By Rob Cohen    What is a Labor Condition Application in the H-1B process? An employer must file a certified Labor Condition Application (LCA) with an H-1B petition on behalf of employees who need an H-1B visa for employment. The LCA is certified by the Department of Labor (DOL) and imposes an obligation on the employer to pay the offered wage for the duration of the H-1B petition unless the obligation is terminated earlier. There are two reasons the obligation may be terminated... More
  • The Conrad 30 Program provides an avenue for J-1 physicians to remain in the U.S. By Hannah Harris    Many medical residency programs, Graduate Medical Education or GME, will accept international medical graduates in the Exchange Visitor (J-1) program sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG). The J-1 program permits physicians to complete graduate medical education or training in the U.S. while in J-1 status. However, the J-1 visa carries with it the two-year home residence requirement, a provision that renders the J-1 physician ineligible to apply for a change of status to another nonimmigrant... More
  • Automatic extension of permanent resident cards extended to 36 months for pending renewals By Laura Jurcevich    Effective Sept. 10. 2024, U.S. Citizenship and Immigration Services is extending the validity of permanent resident cards to 36 months for individuals who have filed the Form I-90, Application to Replace Permanent Resident Card. This change has been announced to adjust for longer processing times experienced by applicants. Permanent resident cards are evidence of an individual’s permanent resident status. An individual’s permanent resident status is valid indefinitely. However, the cards, which are evidence of the lawful status, are valid... More
  • FTC’s non-compete ban blocked by Texas federal judge By Kelsey Gee and Jennifer Huelskamp    The United States District Court for the Northern District of Texas issued an order blocking the Federal Trade Commission’s (FTC) non-compete ban from taking effect on Aug. 20, 2024. In Ryan LLC v. Federal Trade Commission, 2:24-cv-986, Plaintiffs successfully argued that the FTC exceeded its statutory authority in propounding a nationwide ban on non-compete agreements. Originally set to take effect on Sept. 4, 2024, the ban—which would have voided millions of employment agreements—has now been... More
  • Answers to common questions about the FTC’s non-compete ban: What’s next? By Jennifer Huelskamp and Porter Wright    The dust is still settling after the U.S. Federal Trade Commission (FTC) issued its long anticipated final Rule on Tuesday, April 23 banning most non-compete agreements in the employment context. Although the effectiveness of the Rule is likely to be delayed, potentially for years, by court challenges, employers are understandably jittery about their existing non-compete agreements and other restrictive covenants.  Here with answers to some of the most commonly asked questions are Porter Wright employment... More
  • Eleventh Circuit upholds lower court decision holding Florida Individual Freedom Act unconstitutional By Amanda Keller    On Mar. 4, 2024, the United States Court of Appeals for the Eleventh Circuit upheld the lower court’s ruling that parts of Florida’s House Bill 7, dubbed the Individual Freedom Act or the “Stop WOKE Act”, are unconstitutional and infringe on an employer’s free speech rights. Florida Governor Ron DeSantis signed the Individual Freedom Act in 2022 as part of his campaign against what he terms “woke ideology.” The Act was intended to prevent teachings or mandatory workplace activities... More
  • Texas federal court strikes down NLRB’s joint employer rule By Rebecca Kopp Levine    Last week, the U.S. District Court for the Eastern Division of Texas struck down the National Labor Relations Board’s 2023 rule changing the standard for establishing whether two affiliated entities are joint employers.  As we previously discussed in a blog post last year, the NLRB issued a rule greatly expanding the scope of employers that may be considered a joint employer. This expansion could have significant consequences as joint entities would be required to collectively bargain, and may... More