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On 02/18/2021, the U.S. Citizenship Act of 2021 (Act) was introduced as companion bills in the Senate by Senator Robert Menendez and in the House by Representative Linda Sanchez. This article focuses only on provisions affecting the business community, both salutary and less favorable. It is unlikely to be passed in its entirety but, if broken down into palatable sections to make it through the House and Senate, there is bipartisan support for some of the Act’s proposed business immigration reform.
Proposed Provisions Favorable for Business
The Act would modestly increase the cap on employment-based green card visas available per year from 140,000 to 170,000. However, most of these would go to unskilled workers which are generally not Chinese or Indian beneficiaries where the worst backlogs occur.
In a 5-3 decision authored by Chief Justice Roberts, the U.S. Supreme Court ruled in
Torres v. Madrid that a woman who was shot while fleeing from police officers was “seized,” even though she remained at large.
Two police officers saw the petitioner, Roxanne Torres, standing with another person near a car in the parking lot of an apartment complex. As the officers approached the vehicle, the companion departed and Torres got into the driver’s seat. At the time, Torres was “tripping out bad” on methamphetamine. The officers tried to speak with her, but she did not notice their presence until one of them tried to open her car door.
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Last week, the United States Court of Appeals for the Fourth Circuit the court that decides federal appeals from South Carolina, North Carolina, Virginia, West Virginia, and Maryland issued an unpublished opinion that serves as a reminder to employers of the benefit of staying in close contact with employees out on disability-related leave, and continuing the interactive process with such employees to bring them back to work. The case, entitled
Thomas v. City of Annapolis, Maryland, involved a former police officer with the City of Annapolis who sued the City alleging that he was wrongfully terminated because of his race and disability, was denied reasonable accommodations for his disability, and was denied his request for disability retirement because of his race.
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With the tremendous increase in telework, employers have had to face a number of new issues, including properly compensating their employees. Fortunately, the United States Department of Labor Wage and Hour Division (“DOL”) is authorized to issue opinion letters to provide guidance to employers in applying such laws as the Family Medical Leave Act and the Fair Labor Standards Act on a given set of facts.
Recently, an employer requested an opinion letter from the DOL in regard to whether it is required to pay its employees, who telework and work in the office, for a portion of their travel time? In response, the DOL issued an opinion letter which interpreted two examples provided by the employer. The two examples outlined in the letter are the following:
People are crying out for this : Former Miss USA building diversity at Charlotte law firm
Kryst has dedicated her career to fixing racial inequities in the justice system. Now, she s stepping out of that platform to help minorities in the workplace. Author: Ruby Durham Updated: 7:26 PM EST February 19, 2021
The cause is near and dear to Kryst. The Charlotte native is now the first diversity advisor at a local law firm where she once worked. She was appointed to the position to help foster a more inclusive workplace following protests over racial injustice around the country.
Before taking the Miss USA crown in 2019, Kryst was an attorney at Charlotte-based law firm Poyner Spruill – where she worked pro bono for prisoners who were unjustly sentenced. Eliminating inequities in the justice system will remain a top priority for Kryst, but now she s going beyond that platform.