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Corporate Counsel Insight

H-1B Overhaul Unveiled

The Trump administration is following through on its overtures to reform a visa process that many companies use to sponsor foreign white collar workers. The...

DOJ Softens Cooperation Credit Standard

Deputy Attorney General Rod Rosenstein made a candid admission last month: The Department of Justice couldn’t carry out its Yates Memorandum exactly as written. Rosenstein...

Congress Makes New Attempt at Data Privacy Legislation

Congress is once again trying to create federal cybersecurity standards, and a bill introduced last month, if it passes, would put powerful tools in...

SEC Stats Paint Picture of Priorities, Impediments

In the Securities and Exchange Commission’s latest collection of statistics, companies and their counsel can see an agency trying to do more with less. On...

Massage School Students Aren’t FLSA Employees, Appeals Court Finds

Had a federal appeals court decided Nesbitt v. FCNH differently, it might have upended the business models of numerous vocational schools and training programs. But...

Safety Incentive Programs O.K. With OSHA

Many employers, as a means of promoting workplace safety, give their workers and departments bonuses or other rewards for having fewer injuries or incidents,...

DOL Hints at Unfinished Business in New Regulatory Agenda

In case employers have forgotten, the Department of Labor has some big-ticket regulatory changes in store for them.  The Trump administration on Oct. 17 released...

Failure-to-Accommodate Claim Must Show Adverse Action, 10th Circuit Says

Failure-to-accommodate claims often arise because an employee can’t perform essential job duties due to a disability and the employer fires that employee as a...

Performance Improvement Plan Not Retaliation, 10th Circuit Finds

Fearing retaliation claims, cautious employers might be reluctant to do anything to affect an employee’s work situation after he or she has made a...

‘New NAFTA’ Won’t Rattle Supply Chains

Companies with global operations were relieved to hear last week that U.S. and Canadian trade reps struck a deal to keep the North American...