Laborsphere

U.S. Restricts Entry of Chinese Students and Researchers

On May 29, 2020, President Trump issued an executive order suspending the admission of Chinese nationals seeking entry to the U.S. with F-1 or J-1 visas if those visa holders have been affiliated with certain institutions tied to the Chinese military.

The order, which went into effect June 1, 2020 at 12:00 p.m. eastern daylight time, focuses primarily on the entry of Chinese nationals with J-1 or F-1 visas, meaning individuals not currently in the U.S. The order gives discretion to the Secretary of State and the Secretary of Homeland Security to implement the order. This affects Chinese nationals who receive funding from, are now or were previously employed by, currently study or previously studied at, or currently conduct research at or on behalf of or previously conducted research at or on behalf of an institution that supports China’s “military-civil fusion strategy” who a) are seeking to apply at a U.S. embassy or consulate for an F-1 or J-1 visa stamp, or b) already have a valid F-1 or J-1 visa stamp, are outside the U.S., and are seeking to enter the U.S. with that visa.

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D.C. Court Slows the NLRB’s Departure from “Quickie Election” Rules; NLRB Implements New Rules Unaffected by Order

On May 30, 2020, a U.S. District Court in Washington, D.C. issued an eleventh-hour decision preventing the National Labor Relations Board (NLRB) from implementing several substantive portions of the NLRB’s new union election rules. Promulgated via rulemaking in December 2019, the NLRB planned to implement the new rules on May 31, 2020 after postponing the original enactment by over a month. Nevertheless, the NLRB has announced that it will implement the portions of new rules deemed procedural by the Court.

For the full alert, visit the Faegre Drinker website.

Return to Work in the Time of COVID-19: Considerations for Retailers

In the latest update to our Q&A guide to returning to work in the time of COVID-19, we lay out considerations and action items for retailers — including bars and restaurants, personal health and beauty service providers, and clothing and big box stores — as they prepare to safely reopen their doors to customers.

For the full guide, visit the Faegre Drinker website.

Top Four Considerations for Employers Seeking to Enforce Restrictive Covenants During a Global Pandemic

The global coronavirus pandemic has had a multitude of effects on how employers conduct business and manage their workforces. But as employees start to return to work, employers must be mindful of how to address those who leave and potentially violate their noncompetition agreements. As we settle into the “new normal,” the Restrictive Covenant team with Faegre Drinker’s Labor & Employment group has identified four considerations for employers seeking to enforce restrictive covenants and protect trade secrets.

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Legal Considerations for Reopening the Workplace

On March 18, 2020, Governor Andrew Cuomo enacted Executive Order 202.6, temporarily closing all nonessential businesses in response to the coronavirus outbreak. In late April, Governor Cuomo issued guidance announcing a phased approach to reopening businesses that requires regions across New York State to satisfy seven criteria involving a drop in the infection rate, increased capacity in healthcare systems, increased ability to administer diagnostic tests and isolate new cases, and a capacity to implement contact tracing. With eight out of the state’s ten regions satisfying Governor Cuomo’s criteria, municipalities and businesses around the state prepare to return to work.

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U.K. Immigration Update: Coronavirus May 2020

U.K. immigration policy continues to make significant developments including new quarantine rules for international travelers, visa extension guidance, immigration health surcharge, U.K. Visa and Citizenship Application Centres (UKVCAS) and other developments.

For the full alert, visit the Faegre Drinker website.