Once again, the H-1B cap filing season is upon us. The H-1B is a popular U.S. work visa available to highly skilled foreign nationals who are offered a qualifying position by an employer. This visa is also known as a “specialty occupation” visa because in order to be eligible for this visa category, the offered position must require a minimum of a bachelor’s degree in a specific field.

Continue Reading The Annual H-1B Cap Lottery: An Overview

On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of coverage under the Fair Labor Standards Act (FLSA). The final rule was adopted after publication of a proposed rule in October 2022 and following a 61-day comment period in which the DOL received more than 55,000 comments. The final rule also rescinds an independent contractor rule, issued in January 2021, which never went into effect due to legal challenges. The new final rule becomes effective on March 11.

Continue Reading DOL Publishes Final Independent Contractor Rule

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down with Carol Cookerly, founder of Cookerly PR, a national marketing, PR, and crisis management firm. Drawing parallels from the TV show, Ozark, they explore how strategic planning and quick decision-making can effectively manage workplace crises.

Continue Reading Navigating the Storm: Crisis Management in the Workplace

Troutman Pepper’s Deborah Spranger, Mateusz Saykiewicz, Tracey Diamond, and Brent Hoard recently authored Reuters Legal News article “Navigating Legal Obstacles in Life Sciences Restructurings” where they discuss how life sciences companies can mitigate legal risk when undergoing a restructuring. 

Q. Did New York institute a ban against noncompete agreements?

A. No. In a significant victory for New York businesses, New York Governor Kathy Hochul vetoed a bill that aimed to ban noncompete agreements within the state.

Continue Reading New York Governor Vetoes Proposed Ban on Noncompete Agreements

California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations, workplace violence prevention program requirements, and industry-specific workplace laws.

Continue Reading Unpacking California’s 2024 Employment Laws: Key Changes Employers Need to Know

Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?

A: New York has long imposed burdensome requirements on employers who want to include confidentiality provisions in settlement agreements resolving claims of discrimination, harassment, or retaliation. New York recently amended those requirements, effective November 17. While the amendments lessen the burden on employers in one respect, they increase the burden in several other respects. Violation of the new requirements will result in the invalidation of the employee’s release. As such, it is critical for employers to understand and comply with these new requirements.

Continue Reading A Mixed Bag for Employers: New York Revises Requirements for Confidentiality Provisions in Employee Separation Agreements

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down with Fawn Collingwood, VP of Human Resources at United Safety, about the essence and importance of “grit” in the workplace. With clips from the classic movie, A League of Their Own, they explore how resilience, determination, and teamwork can shape a modern work environment.

Continue Reading Grit in the Workplace: <em>A League of Their Own</em>

Building on the foundation laid in the first episode, the second installment of this series uses additional examples from the TV show The Office to delve deeper into the intricacies of noncompetes. This time, Troutman Pepper Partners Tracey Diamond and Evan Gibbs join Labor + Employment Partner Matt DelDuca and Employee Benefits + Executive Compensation Partner Jim Earle to focus on the concept of “forfeiture for competition.” Key points that were highlighted include:

Continue Reading Navigating Noncompetes: A Comprehensive Guide – Part 2

In the first episode of this two-part series, our Labor + Employment and Employee Benefits + Executive Compensation practices join forces and provide a comprehensive overview of noncompete agreements. Troutman Pepper Partners Tracey Diamond and Evan Gibbs join Partners Constance Brewster and Jim Earle to discuss the popular TV series, The Office, and the basics of noncompetes, their legal implications, and their role in the modern business world, all while drawing interesting parallels to situations from the TV series. Key topics covered include:

Continue Reading Navigating Noncompetes: A Comprehensive Guide – Part 1