News

Longer Automatic Extension Granted for Green Card Renewals

U.S. Citizenship and Immigration Services (USCIS) has automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.

This extension is expected to help applicants who experience longer processing times, because they will receive proof of lawful permanent resident status as they await their renewed Green Card.

FTC Non-Compete Rule Blocked Nationwide - Employer Considerations

A Texas court has set aside the Federal Trade Commission’s (FTC’s) Final Rule banning almost all non-compete clauses days before it was set to take effect on Sept. 4. The court’s ruling bars the FTC from enforcing the Final Rule nationwide.

Form I-9 Updated with New Expiration Date

U.S. Citizenship and Immigration Services (USCIS) has updated the Form I-9 (I-9) to extend the expiration date from July 31, 2026 to May 31, 2027.

Federal Appeals Court Strikes Down Tipped Employee 80/20/30 Rule

On Aug. 23, 2024, a three-judge panel of the 5th United States Circuit Court Appeals unanimously struck down the 2021 Department of Labor Final Rule regarding tipped employees.

U.S. Supreme Court Overrules Chevron Doctrine - Potential Impact to Employers

On June 28, 2024, the United States Supreme Court issued a decision in Loper Bright Enterprises et al. v. Raimondo (Loper Bright) which overturned the long-standing precedent of Chevron USA Inc. v. NRDC. The Chevron case established the so-called Chevron Doctrine which stated that judicial deference should be afforded to federal agency determinations in interpreting statutes where legislation may be ambiguous or subject to interpretation.

DOL Overtime Rule Temporarily Blocked for State of Texas Government Employees

Late on June 28, 2024, Judge Sean D. Jordan of the United States District Court for the Eastern District of Texas, temporarily blocked the United States Department of Labor (DOL) overtime exemption rule set to take effect July 1, 2024 – but only for government employees working for the state of Texas. As a result, the overtime exemption rule for all other FLSA covered employers will take effect as scheduled on July 1, 2024.

Basic Employment Policies Updated

The ADP TotalSource® Basic Employment Policies document has been updated to include new policies or revisions to existing policies including for example:

DOL Releases Final Overtime Exemptions Rule

On April 23, 2024, the United States Wage and Hour Division of the Department of Labor (DOL), released a final rule which updates and revises the provisions of the Fair Labor Standards Act (FLSA) exempting executive, administrative, and professional employees from minimum wage and overtime requirements. The final rule is effective July 1, 2024.

OSHA Clarifies Rights to Employee Representation During Inspections

The U.S. Occupational Safety and Health Administration (OSHA) has published a final rule clarifying the rights of employees to authorize a representative to accompany OSHA compliance officers during an inspection of their workplace. The rule takes effect May 31, 2024.

EEOC Releases Final Rule on Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a final rule that implements the federal Pregnant Workers Fairness Act (PWFA). The final rule takes effect June 18, 2024.

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Compliance-Corner-, State-Compliance-Update, Texas-

Texas enacted two pieces of legislation (Senate Bill 370 and House Bill 504) that will expand employment protections for employees summoned for jury duty. The laws took effect on September 1, 2019.