November 2020 Visa Bulletin Update: USCIS Will Continue Using ‘Dates for Filing’ Chart

On October 29, 2020, the U.S. Department of State (DOS) issued the November Visa Bulletin. U.S. Citizenship and Immigration Services (USCIS) confirmed that it will use the “Dates for Filing” chart. For employment-based visa categories, the “Dates for Filing” chart is the same as last month, except for modest advancement in the EB-3 China “other workers” category. Foreign nationals who are eligible to file their employment-based visa applications in October can file their applications in November.

The November “Final Action Dates” chart shows slight forward movement in employment-based visa categories. Notably, EB-1 India and China categories will advance by six months.

For more information on this topic, please see our earlier legal update on the October Visa Bulletin.

OFCCP Issues Request for Information Supporting President Trump’s Executive Order on Combating Race and Sex Stereotyping

Executive Order 13950 first made waves in September, with concerns that its stated goal of stamping out “offensive and anti-American race and sex stereotyping and scapegoating” might curtail federal contractors’ ability to provide diversity workplace trainings. After publishing guidance clarifying the particulars of the Executive Order and launching a hotline to receive complaints, the Office of Federal Contract Compliance Programs is now seeking comments, information and materials from the public regarding potentially noncompliant trainings. The agency’s Request for Information was published in the Federal Register on October 21, 2020.

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New California Laws for 2021: What Employers Should Know

Several new laws in California impact employers in a multitude of operational areas. From leave regulations to workers’ compensation, safety enforcement, wages and more, business leaders have much to research when it comes to compliance. All employers with operations in California should be aware of these new laws, understand how these laws may affect their operations and consult with counsel to address any questions on these new obligations.

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Hostile Environment Claims in a Work-From-Home World

The work-from-home trend presents a host of employment law challenges, including unavoidable changes to how employers investigate and defend claims of hostile work environments. Non-traditional work settings may even give rise to new types of harassment and discrimination, challenging employers to rethink workplace policies and training to make sure they apply to all work environments, whether in the office or remote.

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OFCCP Issues FAQs on Executive Order Combating Race and Sex Stereotyping

The Office of Federal Contract Compliance Programs has issued nine Frequently Asked Questions (FAQs) to address Executive Order 13950, which is intended “to combat offensive and anti-American race and sex stereotyping and scapegoating.” The FAQs include a range of topics — from the effective date of the Executive Order and examples of race or sex stereotyping or scapegoating, to how to file a complaint for unlawful training programs.

For the full alert, visit the Faegre Drinker website.

Lynne Anderson Comments on California Law Requiring Employers to Report Pay Info by Gender and Race

In the article “California Steps Up to Collect Pay Data, With Feds at Square One,” Bloomberg Law reports on new California legislation that authorizes a collection of wage data, broken down by race, sex, ethnicity, and job category, on or before March 31, 2021.

The legal industry publication turned to labor and employment partner Lynne Anderson for insight on the law and whether other states may follow suit.

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