Laborsphere

Summary of Executive Actions Impacting Business Immigration

Since April 2020, several executive actions have been issued, and subsequently amended, that have had a significant impact on business immigration.

This alert serves to inform clients of the updates to the ongoing U.S. visa system and travel restrictions in response to the global coronavirus pandemic. Since implementation of the restrictions, the Trump administration has issued additional guidance on certain exceptions for eligible persons to obtain a visa or enter the United States.

For the full alert, visit the Faegre Drinker website.

Virginia’s Emergency Temporary Standard Addressing COVID-19 and Workplace Safety Takes Effect

On July 27, 2020, the Virginia Department of Labor and Industry’s Safety and Health Codes Board published its Emergency Temporary Standard on Infectious Disease Prevention: SARS-CoV-2 That Causes COVID-19 (§16 VAC 25‐220) (the Standard). In doing so, Virginia became the first state to enact comprehensive COVID-19 workplace safety requirements.

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Planning to Hire Foreign Nationals in the U.K. in 2021? Apply for a Tier 2 Sponsor Licence

Recent U.K. government statements have confirmed what many have suspected for some time: the post-January 2021 immigration system will be predicated on a reworked version of the Tier 2 sponsorship route. In the first episode of our new Faegre Drinker Immigration Law Podcast, we take a close look at the Tier 2 sponsorship application process and explain why U.K. employers planning to hire foreign nationals in 2021 should apply for a Sponsor Licence before the immigration system changes take effect.

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NLRB Decision Gives Employers More Freedom to Address Offensive and Abusive Conduct

On July 21, 2020, the National Labor Relations Board (NLRB or the Board) issued a long-awaited decision giving employers more freedom to discipline employees who engage in abusive, obscene or profane conduct in connection with their work. In General Motors, LLC, 369 NLRB No. 127 (2020), the NLRB rejected three context-specific rules formerly used to assess whether an employee’s inappropriate conduct is protected by Section 7 of the National Labor Relations Act (NLRA or the Act). Instead, the NLRB will now assess that conduct under the Wright Line standard, which is used to evaluate all other claims of discriminatory conduct under the Act.

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Minnesota Businesses Should Prepare to ‘Mask Up’ Under New Executive Order

Effective July 25, 2020, Minnesota Governor Tim Walz’s Executive Order 20-81 requires Minnesotans to wear face coverings in indoor business and public settings, as well as when unable to maintain six-foot social distancing outdoors, riding on public transit, and as required by industry-specific guidance.

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Virginia Department of Labor and Industry Issues Near-Final COVID-19 Workplace Safety Standard

On July 15, 2020, the Virginia Department of Labor and Industry’s Safety and Health Codes Board voted to approve an emergency temporary standard on infectious disease prevention (§16 VAC 25‐220), becoming the first state to enact comprehensive COVID-19 workplace safety requirements. The regulation comes after Virginia Governor Ralph Northam directed the creation of enforceable workplace safety regulations in May. The final standard will become effective upon publication, which is expected next week.

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