Challenge to Employer-Friendly Joint-Employer Final Rule

Challenge to Employer-Friendly Joint-Employer Final Rule
Sep22

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

September 22, 2020
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Businesses Sue Insurers for Their Refusal to Pay Claims During COVID-19

Businesses Sue Insurers For Not Paying Claims During COVID
Sep14

Written by Taher Kameli & Julie Seong The long-term effects of the Coronavirus pandemic continue to reveal themselves in various ways. A United States Chamber of Commerce report shows that more than eight in ten small businesses have had to plan for changes made in response to the pandemic. The June report also shows that business owners’ negative sentiments toward the U.S. economy are slowly changing. However, the financial hit the majority of businesses took since March remains a reality. Although there have been multiple legislative proposals, bills, acts, and grants made available to both individuals and businesses in

September 14, 2020
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Supreme Court Defines Standard of Education to Be Provided in Special Education IEP’s Under the IDEA of 1990

Special Education IEP’s Under the IDEA of 1990
Sep09

Written by Taher Kameli & Chathan Vemuri On March 22, 2017, the United States Supreme Court reached a decision on what advocate\s have described as “the most significant special-education issue to reach the high court in three decades.”[1] The Supreme Court finally set out the standard by which a free appropriate public education (FAPE) could be defined under the Individuals With Disabilities Education Act of 1990. In a landmark ruling, Endrew F. v. Douglas Cnty. Sch. Dist. RE-1, the Supreme Court ruled that in order “[t]o meet its substantial obligation under the Individuals with Disabilities Education Act

September 9, 2020
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Supreme Court Rules Unanimous for Child’s Right to Use Service Dog as Part of Special Education Accommodations under IDEA and Section 504

Supreme Court Rules for Child’s Right to Use Service Dog
Sep04

Written by Taher Kameli & Chathan Vemuri On February 22, 2017, the Supreme Court in Fry v. Napoleon Community Schools ruled that a claim involving the right of a disabled child to rely on a service animal in her elementary school did not involve education specifically and therefore did not require exhaustion of administrative remedies under the Individuals With Disabilities Education Act of 1990 (IDEA) before filing a private lawsuit.[1]   This ruling was of special significance to those combatting discrimination in educational spaces outside of the confines of IDEA. Specifically, the Court made an important distinction between claims involving

September 4, 2020
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The Supreme Court’s Confirmation of SEC’s Disgorgements in Liu v. SEC

Confirmation of SEC’s Disgorgement in Liu v. SEC
Aug31

Written by Taher Kameli & Julie Seong A recent the United States Supreme Court decision confirmed that the Securities and Exchange Commission (SEC) can seek disgorgement of ill-gotten gains as an equitable remedy in SEC enforcement actions in federal court. Liu v. SEC was a case involving the SEC and married couple Charles Liu and Xing Wang, who was ordered to pay the $26.7 million they had collected from immigrants and misappropriated. On June 22, 2020, the Supreme Court’s Liu v. SEC ruling upheld the Securities and Exchange Commission’s ability to recover ill-gotten gains from those who commit financial

August 31, 2020
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The Economic Effects of COVID-19 on Businesses

The Economic Effects of COVID-19 on Businesses
Aug27

Written by Taher Kameli According to a Centers for Disease Control and Prevention report, there are 5,176,018 reported cases of  COVID-19 in the United States alone as of August 13, 2020. As a result, the lives of caretakers, family, and employers of the affected individuals have also been changed. The unemployment rate in the United States is estimated to be at 13 percent and counting, and Federal Pandemic Unemployment Compensation ended on July 25, 2020. This is the highest unemployment rate Americans face since the Great Depression. People and businesses have taken drastic measures to keep afloat. Several new laws

August 27, 2020
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EPA Approves 1-Bromopropane For Use in the Workplace

EPA Approves 1-Bromopropane For Use in the Workplace
Aug24

Written by Taher Kameli & Chathan Vemuri The Environmental Protection Agency (EPA) conducted a final risk evaluation on the substance 1-Bromopropane (1-BP), as per the Toxic Substances Control Act.[1] It sought to inquire about the safety of 1-BP for general use and the environment.[2]  On August 11, 2020, the Environmental Protection Agency (EPA) released this report.[3] Although it found that 16 out of 25 conditions of use presented an unreasonable risk to workers, occupational non-users, consumers and bystanders, the EPA still found that none of these conditions made 1-BP pose any unreasonable environmental

August 24, 2020
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President Trump’s Executive Order Suspending Immigration for 60 Days

Trump Suspends Immigration for 60 Days
May01

Witten by Bita Lak On April 22, 2020, President Trump signed an executive order temporarily suspending the entry of immigrants whose presence would be detrimental to the interests of the United States for an initial period of 60 days. This suspension may be extended depending on the economic fallout from the coronavirus pandemic.   Due to the high rate of unemployment during the pandemic and ongoing economic uncertainty, President Trump’s reasoning provided in the order is to protect American jobs.  On this basis, the issuance of immigrant visas for certain family-based cases and employment-based cases are suspended as of April 23, 2020. 

May 1, 2020
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Non-Citizen Public Charge Ground for Inadmissibility

Non-Citizen Public Charge Ground for Inadmissibility
Apr28

Written by: Bita Lak The purpose of this article is to overview the grounds for inadmissibility with a focus on public charge. A non-citizen who wishes to come to the United States needs to satisfy the requirements for immigrant or non-immigrant classifications. Satisfying the requirements of these classifications do not guarantee admission to the United States. Some applicants may face grounds for inadmissibility upon arrival and could not be admitted to the United States.  Some non-citizens who already reside in the United States can also be considered inadmissible if they evaded inspection by a U.S. immigration official when they entered

April 28, 2020
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Student visa holders and the effect of COVID-19

Student Visa (F1) Holders and Affect of COVID-19
Apr20

Written by Taher Kameli The effect of the COVID-19 pandemic is a worldwide concern. Many businesses and individual lives have been affected by the spread of this virus. International students under F1 visa and non-immigrant visa workers, such as H-1B visa holders, are not exceptions to this situation. As of April 12, 2020, there were 554,849 total cases of coronavirus and 21,942 total deaths in the United States according to a Centers for Disease Control and Prevention (CDC) report. This pandemic affects current and prospective F1 students. Currently, most universities and colleges

April 20, 2020
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