On July 12, 2023, the U.S. Department of Homeland Security (DHS) updated the STEM Designated Degree Program List by adding eight new qualifying fields of study. The Program List is generally used to determine whether a degree completed by an F-1 nonimmigrant student qualifies as a science, technology, engineering, or mathematics (STEM) degree as determined by DHS.

The U.S. Citizenship and Immigration Services (USCIS) recently updated guidance in its policy manual regarding international students within F and M student classifications. This new guidance consolidates and provides greater clarity on existing policy for international students.

Since 2006, public employers in New York have been required to implement programs to prevent and minimize workplace violence.¹ Public school employers, including public school districts, New York City public schools, Boards of Cooperative Education Services (BOCES), and County Vocational Education and Extension Boards, were previously exempted from the law.

While testifying at a congressional hearing, Tyler A. Sims said the potential consequences of unionizing could be damaging for athletes.

Inside Higher Ed

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Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about student-employees who seek to unionize, as required by the National Labor Relations Act (NLRA).

On August 6, 2024, the National Labor Relations Board’s general counsel issued a memorandum with her advice about how higher education institutions should handle this dilemma.

The F-1 nonimmigrant visa status allows noncitizens to study in the United States at U.S. colleges and universities. F-1 students may be eligible for off-campus employment under the following programs: Curricular Practical Training; Optional Practical Training (OPT); and Science, Technology, Engineering, and Mathematics Optional Practical Training Extension (STEM OPT). General eligibility requirements for off-campus F-1 employment include that the training be related to the student’s area of study and be authorized by the Designated School Official and U.S.

Alka Ramchandani-Raj talks about California’s SB 553, which represents the nation's first general industry workplace violence prevention safety requirements for employers.

State Net Capitol Journal

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Janell Ahnert discusses OSHA’s expanded electronic recordkeeping rule and how it may change OSHA inspections going forward.

Birmingham Business Journal

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On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection.

James McGehee and Bradford Kelley provide insight into the potential impact of AI on the construction industry. 

For Construction Pros

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Alka Ramchandani-Raj talks about the revised Cal/OSHA rule on indoor heat standards that would apply to all industries.

Bloomberg Law

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Adam Fiss, Alka Ramchandani-Raj and David Dixon discuss California Labor Code Section 6401.9, which will implement the first general industry workplace violence prevention safety requirements in the U.S. 

Law360

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Alka Ramchandani-Raj says a proposed OSHA rule would direct OSHA inspectors to request to see an employer’s written heat plan as part of construction site inspections on days the temperature has reached the rule’s trigger point. 

Bloomberg Law

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Alka Ramchandani-Raj discusses California’s new indoor and outdoor heat rule for employees and the ambiguity surrounding how the rule will be enforced.

Bloomberg Law

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In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under the Occupational Health and Safety Act (OHSA).

Grant Goerke and Jennifer Chierek Znosko discuss a recent federal court decision that agreed an Illinois employer had the right to enforce a zero-tolerance policy on marijuana use.

Westlaw Today

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On October 15, 2024, the U.S. Department of Labor released expanded guidance for OSHA inspections of employers in the animal slaughtering and processing industry. This guidance supersedes previous guidance issued in 2015, which had been limited to poultry processing establishments.

On October 1, 2013, the Department of Labor's Wage and Hour Division (DOL) published a final rule in the Federal Register eliminating the Fair Labor Standard Act's (FLSA) minimum wage and overtime exemption for home care workers employed by home care agencies and other companies.  The new regulations also significantly narrow the exemption for home care workers employed directly by the individuals or families receiving home care services. 

(October 14, 2020) – Littler, the world’s largest employment and labor law practice representing management, has announced a number of leadership changes throughout its various practice and industry groups.

“We congratulate this talented and diverse group of co-chairs,” said Tom Bender and Jeremy Roth, Littler co-managing directors, in a joint statement. “Their deep knowledge and extensive experience in their respective practice areas will continue to enhance the firm’s ability to advise and defend clients on myriad employment and labor law matters across all industries.”