The Department of Labor’s New H-1B Wage Hike Rule Faces Overwhelming Legal and Empirical Challenges

Written by Taher Kameli & Chathan Vemuri The Trump Administration caused an uproar among employers when it implemented its Interim Final Rule on October 8th, 2020 substantially increasing the amount in wages to be paid to employees who held H-1B visas in an attempt to pressure employers to drop them in favor of a domestic American workforce.[1] In addition to boosting wages to pressure employers to look domestically for employees, it also changed the requirements for an H-1B visa by looking not simply for a college degree but specifically for degrees in “specialty occupations”

How The Department of Labor’s New Definition of “Independent Contractors” Can Wrongfully Exclude Workers From Federal Labor Protections

Independent Contractors

  Written by Taher Kameli & Chathan Vemuri In what could be seen as a boon to employers, the U.S. Department of Labor issued a proposed regulation setting out a new definition of who was or was not an “independent contractor.”[1] This regulation, if approved and finalized, would make it easier for employers to classify much of their workforce as “independent contractors” and be excused from providing them labor protections under the Fair Labor Standards Act.[2] On the other hand, however, it may affect the security of workers as they could lose considerable protections and benefits if

Challenge to Employer-Friendly Joint-Employer Final Rule

  Written by Taher Kameli & Chathan Vemuri The Department of Labor (“DOL”) under the Trump Administration granted what was seen as an administrative boon to employers when it issued its Final Rule on joint-employer status under the Fair Labor Standards Act (FLSA) in January of this year.[1] And yet since its passage, it has caused nothing but controversy as to the hurdles it causes for workers in terms of holding employers accountable for violation of their rights under existing labor laws.[2]   As part of the FLSA, employees can hold two or more employers jointly and severally liable for