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Informed Employer: December 5, 2018 Informed Employer: December 5, 2018

Informed Employer: December 5, 2018

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High Court Rules Against Small Gov't Employers in Age Bias Case
In a unanimous ruling, the U.S. Supreme Court rejected arguments by attorneys for the Mount Lemmon district, located outside of Tucson, that they were not subject to the federal anti-discrimination laws. The decision has implications nationwide, subjecting other small local governments to the same anti-discrimination laws that larger entities already must obey.
(Source: Arizona Capitol Times, 2018-11-07) Read the full article
Proposal to Ban Work for H-1B Visa Spouses Nears Release
A proposed rule to ban the spouses of H-1B visa holders from working in the U.S. could now be released by the end of the year. The rule targets H-4 visa holders, who were allowed to request authorization to work in 2015 under President Barack Obama.
(Source: The Mercury News, 2018-11-27) Read the full article
More Employers Encourage Using Perk to Help Pay for Kids' College
More employers are weaving financial wellness into the company culture and, as a result, some employers now are encouraging their workers to use payroll deduction for 529 plans. The money can be used for a wide range of purposes, including a four-year college, community college and trade school.
(Source: USA Today, 2018-12-01) Read the full article
Universities Using GEIR Program to Bypass H-1B Visas
As obtaining an H-1B visa becomes more difficult due to the Trump administration's crackdown on immigration and work visas, universities around the country are tapping into a creative way to legally attract and retain foreign talent: the Global Entrepreneur in Residence Program (GEIR). Started by the University of Massachusetts Venture Development Center in Boston, the program invites foreign entrepreneurs to work part-time at a school, either as a mentor or an adjunct professor.
(Source: Crunchbase News, 2018-11-23) Read the full article
Survey Finds Workers Want Employers to Take on Social Issues
A growing number of U.S. workers want their employers to tackle social issues, according to new research showing many employees think companies fail to do enough for community or environmental causes. Aimed at measuring how important social impact is to U.S. workers, the research found more than half of those surveyed expect employers to address social issues - even those not central to their business.
(Source: Reuters, 2018-11-28) Read the full article
Handling Diversity in Workplace Falls on Minority Employees
A lot of responsibility falls to workers from minority groups. In short, they're the ones doing the hard work of making a workplace more diverse, inclusive and welcoming to everyone.
(Source:, 2018-11-28) Read the full article
Men Shunning Women in Workplace Amid Harassment Concerns
Across Wall Street, men are adopting controversial strategies for the #MeToo era and, in the process, making life even harder for women. This is hardly a single-industry phenomenon, as men across the country check their behavior at work, to protect themselves in the face of what they consider unreasonable political correctness -- or to simply do the right thing.
(Source: Bloomberg, 2018-12-03) Read the full article
Commuting Gap Causing Many Women to Drop Out of Workforce
There's the wage gap, the bonus gap, the promotions gap -- and then there's the commuting gap. New research shows that even when it comes to negotiating the distance between work and home, men and women inhabit different realities.
(Source:, 2018-11-27) Read the full article
Fewer Companies Hosting Holiday Parties Amid #MeToo Movement
'Tis the season not to throw an office holiday party. That's the sentiment of 35 percent of companies surveyed -- the highest tally of corporate party poopers since 2009, when the U.S. economy was barely coming out of a recession.
(Source: CBS News, 2018-11-08) Read the full article
46% of Companies Don't Give Bonuses, Though Employees Want Them
A bonus ranks as the top item employees would most like from their companies during the holidays, according to the 2018 Holidays at Work Survey commissioned by Spherion Staffing Services. However, 46 percent said their company does not give holiday bonuses or any other monetary gifts during the holidays, and for those who do get a bonus at the holidays, the majority receive less than $500.
(Source: Staffing Industry, 2018-11-28) Read the full article
Deck the Halls – But Forget the Mistletoe

Tami Earnhart & Ryan Poor

You will see in the left hand column of this newsletter an article entitled, "Fewer Companies Hosting Holiday Parties Amid the #MeToo Movement." Although we understand the concern, we hate to see the festivities of the season eliminated entirely. Holiday events can support your company culture and boost employee morale. Rather than eliminating holiday events entirely out of fear of potential harassment, consider ways to ensure your efforts to spread holiday cheer do not turn into a holiday humbug. Take a look at this article we published even before #MeToo became a movement for some tried and true ideas that still apply today. Enjoy the holidays responsibly!


Lawyers have a reputation for being party-poopers. But this time of year we are especially called on to be Grinches of workplace fun. It could be, perhaps, that our shoes are too tight. Or it could be that our heads aren't screwed on just right. But the most likely reason of all... is definitely not that our hearts are two sizes too small (because everybody knows lawyers don't have hearts). The truth is, we hate fun because we care—we want to see each and every one of our clients and their employees make it safely through the holidays.

So, here are some tips if you're hosting holiday events or just encouraging a little goofing off in the holiday spirit...

Read the article here.


Proposed Changes to H-1B Visa Cap Process

Jenifer Brown & Christl Glier

The U.S. Department of Homeland Security has proposed a new pre-cap registration rule for employer petitions filed on behalf of new applicants for H-1B visa status. The rule is not yet final but is intended to impact the upcoming H-1B cap season’s filings made on April 1, 2019 for FY2020 employment beginning October 1, 2019. To that end, the brief comment period to solicit input on the government’s proposed rule is only open for thirty (30) days concluding on January 2, 2019. The proposed rule is intended to improve efficiency and reduce costs. If finalized as written, the new rule will bring significant changes to the cap-subject selection and filing process for new H-1B petitions.

Read more here.


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