New Regulations From DOL & FTC Effecting Non Compete Agreements
!!Attention Employers!! New regulations from DOL & FTC aimed at curtailing employment based non-competes and increase the base salary for over time exemption effecting employers throughout the US. This week is soon turning out to be crucial for all US Employers, with both the Department of Labor (DOL) and the Federal Trade Commission (FTC) issuing the Final Rules that could fundamentally alter employer-employee relationships. Very likely
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Somireddy Law Group Welcomes New Team Member: Jibran Muhammad, Expert in Criminal and Family Law
Somireddy Law Group is Excited to Announce the Newest Addition to Our Team We are delighted to welcome Mr. Jibran Muhammad, an established litigator with extensive experience in both criminal and family law, to the Somireddy Law Group. Mr. Muhammad’s joining marks a significant expansion of our legal services and reinforces our commitment to providing top-tier legal representation. About Jibran Muhammad: A Blend of Expertise in Criminal and Family Law
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New regulations Affecting California Employers Starting January 01, 2024!!
Employers based in California and those conducting in business in the state must be aware of the several new laws and amendments that will come into effect in 2024. These changes will significantly impact employers’ operations in California. 1. Creation of Rebuttable Presumption of Retaliation: The State of California has broadened employee protections against disciplinary actions or termination within 90 days of engaging in a certain protected activity. Additionally, such
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Q & As regarding the DOS Stateside Visa Renewal Pilot Program that Begins January 29, 2024
On December 20, 2024, the Department of State (DOS) shared an unpublished version of a Federal Register notice announcing that the greatly anticipated stateside visa renewal pilot will begin on January 29, 2024, and end on April 1, 2024. It will be published at the same link in the Federal Register on December 21, 2023. The notice describes, among other things, the requirements for participation, the application process, and how applications
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Attention International Students: Urgent Advisory on OPT Application Deadlines
Attention students completing your academic programs in the winter session: the OPT application process requires careful timing, particularly due to the unique schedule of winter course completion. Somireddy Law Group is committed to ensuring you are well-informed to avoid pitfalls that may jeopardize your OPT application success. Winter Session Considerations: Early Planning: If you complete your courses in the winter, start planning your OPT application early to account for holiday
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New Washington State Laws Affecting Employers Nationwide with Job Postings!
Equal Pay and Opportunity Act In a recent judgment, the Superior Court of the State of Washington held employers like Insight Global LLC liable for violating the “Pay Transparency” requirements. The court awarded $5,000 in damages plus attorney fees to each applicant who applied to a non-conforming posting. Effective January 1, 2023, Washington State’s “Pay Transparency” Law requires all employers with more than 15 employees, including at least one Washington-based
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H-1B Workers Won’t have to go out of the United States to get a visa anymore!
Domestic Visa Renewal Pilot Program, starting Jan 2024. A limited number of H-1B specialty occupation workers will be able to renew their visas in the US. The rollout of the H-1B domestic visa renewal pilot will be limited to just 20,000 participants at first. This would allow those H-1B holders to renew their visas by mailing them to the State Department rather than travel outside the US and face uncertain wait
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The Holiday Shopping Season and Rising Shoplifting Concerns
The Impact of Shoplifting Charges on Foreign Students and H-1B Workers in the U.S. Sunila Bali, Esq. As the holiday season approaches, shopping malls and stores become bustling centers of activity, filled with excitement and the spirit of gift-giving. However, this period also sees a notable rise in shoplifting incidents, a trend that carries significant legal and immigration implications, particularly for foreign students and H-1B workers in the United States.
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EMPLOYERS: Have you complied with the new I-9 requirements effective November 1, 2023, yet?
Here are the top 10 things to consider Streamlined Form: The new Form I-9 has been streamlined and shortened. Employers must start using this new form from August 1, 2023. Transition Period: The older Form I-9 (Rev. 10/21/19) could only be used through October 31, 2023. After this date, penalties apply for using the older form. You need to do the new form for ALL employees, old and new. Alternative
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Top 10 reasons why students fall out of status and what to do
Failure to Enroll Full-Time: F-1 students are generally required to be enrolled as full-time students. Falling below the minimum credit/course load without proper authorization can lead to a loss of status. Unauthorized Employment: Working off-campus without the required authorization or working more hours than allowed on-campus can result in status violations. Failure to Extend I-20: If a student’s program end date on their Form I-20 is approaching, and they haven’t
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Practice Pointer: Physical Inspection of Form I-9 Documents for Forms Prepared during Temporary Virtual COVID I-9 Flexibilities Must be Completed by August 30, 2023
U.S. employers are required to verify the identity and employment authorization of individuals they hire using the Form I-9. After being offered employment, on or before the first day of employment, employees complete Part 1 of Form I-9. Within three business days of the start of employment, employees provide original documents to prove their identity and authorization to work. Employers review the employees’ documents and complete and sign Part 2
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Compelling Circumstances Employment Authorization Document (EAD)
1. What is a compelling circumstances EAD? A Compelling Circumstances Employment Authorization Document (EAD) is a special type of work permit issued by the U.S. Citizenship and Immigration Services (USCIS). It allows certain non-U.S. citizens with approved I-140; specifically, those on H-1B/L-1/E-3/O status from countries like India/China that have an extensive backlog of Employment based Immigrant visas, to work in the United States temporarily. If granted, these workers do not
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TERMINATING A FOREIGN WORKER? A Few Considerations
(H-1B, H-1B1, E-1/E-2, E-3, TN, L-1, O-1) Terminating an employee is always a difficult decision. The situation becomes more complex and has additional challenges when foreign workers are concerned. The employers must comply with federal regulations and could face consequences if the foreign worker is not terminated properly. It is advisable to consult with both an immigration attorney and employment attorney before taking any action. Notification of Termination Termination of
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USCIS recommends immediate (EB-3 to EB-2) interfiling (if eligible)
USCIS has released a statement on January 21, 2022, confirming that there are an exceptionally high number of employment-based visas available for this fiscal year (October 2021 through September 2022). Many more visas are available in the EB-1 & EB-2 categories compared to the number of AOS applications that are currently pending with USCIS. Hence, USCIS recommends that individuals who have the option of interfiling based on EB-2 (I-140) to
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