Articles and Blogs

The U.S. Department of Labor issued a Proposed Rule that would significantly change prevailing wage calculations for foreign workers under the permanent labor certification, H-1B, H-1B1 and E-3 visa programs. At the center of the proposal is an increase in the prevailing wage levels based more heavily on statistically derived wage percentiles from the... READ MORE

On February 23, 2026, the U.S. District Court for the District of Maine (the “Court”) held that a former physician could not compel production of a nonparty minor patient’s medical records in support of her discrimination and whistleblower retaliation claims. Yered v. Eastern Maine Healthcare Systems and Northern Light Eastern Maine Medical Center, Case... READ MORE

The Tenth Circuit recently issued two companion decisions confirming the Occupational Safety and Health Administration’s (“OSHA”) authority to cite employers for workplace violence hazards under the General Duty Clause of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(1) (“General Duty Clause”). In both cases, the Tenth Circuit upheld OSHA’s enforcement actions and the... READ MORE

The fiscal year (“FY”) 2027 H-1B cap season will be the first to operate under a weighted selection system that replaces the prior fully random lottery. Employers should understand how this new process affects both the regular (bachelor’s) cap and the advanced degree (master’s) cap, as it changes selection mechanics but not the overall... READ MORE

The upcoming National Resident Matching Program is expected to be affected by several recent immigration-related developments under the Trump administration that employers should incorporate into their match planning strategy, including nationality-based travel restrictions, the U.S. Citizenship and Immigration Services (“USCIS”) adjudication pause and the $100,000 fee for new H-1B petitions filed on behalf of... READ MORE

On July 4, 2025, Congress enacted the One Big Beautiful Bill Act (“OBBBA”), a statute that, while primarily tax-focused, has meaningful downstream implications for wage administration and employer-provided benefits. Although the OBBBA does not amend core federal employment statutes such as the Fair Labor Standards Act (“FLSA”), Title VII or the Family and Medical... READ MORE

Amendments to the Illinois Workplace Transparency Act (“WTA”) were introduced by HB 3638 and became effective on January 1, 2026. The amendments broaden the scope of protection for employees and impose additional restrictions on employers when drafting contract provisions in a variety of employment-related agreements, including severance, settlement and arbitration agreements. Going forward, Illinois... READ MORE

On January 14, 2026, the Department of State announced a pause on immigrant visa processing for applicants who are nationals of the following 75 countries: Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic... READ MORE

Health care employment professionals face an all-too-familiar challenge entering 2026: keeping pace with a patchwork of state employment laws that show no signs of slowing down. The employment law landscape continues to evolve rapidly, presenting health care employers with new compliance challenges. Outlined below are just a few of the key legal trends impacting... READ MORE

On October 30, 2025, the Department of Homeland Security (“DHS”) ended automatic extensions of employment authorization documents (“EAD”) for certain foreign nationals. Previously, filing a timely renewal application would grant an automatic extension for certain categories of EADs. DHS will now prioritize proper screening and vetting of foreign nationals before granting EAD extensions. Under... READ MORE