Kerri Beatty

U.S. DOL Issues Opinion Letter Addressing How to Calculate FMLA Leave for Employees Who Regularly Work Overtime

by

Recently, the U.S. Department of Labor (“U.S. DOL”) released an opinion letter (FMLA2025-02-A) (the “Opinion Letter”) concerning how to calculate the number of hours of Family and Medical Leave Act (“FMLA”) leave available to employees who work a fixed schedule that includes mandatory overtime. The Opinion Letter clarifies that an employer seeking to calculate the … Read more

E-Verify Resumes Operations

by

Since October 1, 2025, the federal government has been shut down due to a lapse in funding causing many governmental programs including the U.S. Department of Homeland Security’s (“DHS”) E-Verify system to cease operations. E-Verify, which allows employers to verify employment eligibility in the United States, has now resumed operations.  Employers can create an E-Verify … Read more

EEOC Closes All Pending Charges and Investigations Based on Disparate Impact Discrimination

by

As we previously reported, on April 23, 2025, President Trump signed an Executive Order aimed at eliminating the use of disparate-impact liability and ordering federal enforcement agencies to stop the enforcement of antidiscrimination laws based on disparate impact theories.  The Executive Order directed the Attorney General and the Chair of the Equal Employment Opportunity Commission to … Read more

President Trump Issues Proclamation Restricting Entry of Certain Nonimmigrant Workers into the United States

by

On September 19, 2025, President Trump issued a Proclamation entitled, “Restriction on Entry of Certain Nonimmigrant Workers,” which places limitations on the entry of H-1B specialty occupation workers into the United States.  The Proclamation took effect on Sunday, September 21, 2025. Specifically, the Proclamation provides that H-1B specialty occupation workers will not be allowed into … Read more

FTC Officially Rescinds Non-Compete Rule

by

The Federal Trade Commission (“FTC”) has rescinded the Non-Compete Clause Rule (the “Rule”) which was issued last summer that would have banned most employee non-compete provisions in employment agreements. As we previously reported, in 2024 the FTC issued the Rule that rendered unlawful most non-competition restrictions for all workers.  The Rule was to take effect … Read more

U.S. Department of Labor Reinstates Payroll Audit Independent Determination Program

by

On July 27, 2025, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) announced it is restarting the Payroll Audit Independent Determination Program (“PAID”).  PAID enables employers to self-identify and resolve potential minimum wage, overtime, and leave violations under the Fair Labor Standards Act and the Family Medical Leave Act.  This program allows employers … Read more