FY 2027 H-1B Cap Petition Filing Opens April 1: Key Considerations for Employers and Employees

By Michael Castiglione on March 30, 2026 Posted in Immigration Planning & Compliance

The release of H‑1B lottery results has significant consequences for both employers and their foreign national employees. Although selection is welcome news, it does not confer H‑1B status; it merely authorizes the employer to file an H‑1B petition during the April 1–June 30 filing window. The H-1B petition must be approved by USCIS before an employee can obtain H‑1B status.

While H-1B petition approval rates have exceeded 90 percent in recent years, approval is not automatic. USCIS has historically scrutinized H-1B petitions for issues, including whether an H-1B position qualifies as a specialty occupation — requiring at least a bachelor’s degree (or equivalent) in a field directly related to the role; whether the beneficiary possesses the required degree or equivalent credentials; whether a valid employer–employee relationship exists; and whether the beneficiary has maintained lawful immigration status.

While these adjudication issues remain relevant, recent developments in immigration law introduce additional considerations for employers and employees selected in the FY 2027 H‑1B lottery.

When One Harassment Claim May Put the Whole Case in Court

By Diana Martinez on March 23, 2026 Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation

A single sexual harassment allegation may do more than add one more claim to an employment complaint — it may also affect where the entire case gets litigated. In a recent decision, the U.S. Court of Appeals for the Sixth Circuit addressed a question that could have significant consequences for employers with arbitration agreements: when a plaintiff brings a sexual harassment claim alongside other employment claims, can the employer still compel arbitration of the non-harassment claims? At least under the Sixth Circuit’s reading of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), the answer may be no.

Navigating Uncertainty: How U.S. Employers Can Support Their Employees During Times of War

By Ayelén Rodriguez on March 17, 2026 Posted in Employment Counseling & Workplace Claims Prevention, Medical & Other Leaves

In periods of global conflict, the effects of war often extend well beyond the battlefield. Employees may be called to military service, support deployed family members, worry about loved ones abroad, or simply feel the emotional strain of ongoing uncertainty. For U.S. employers, these moments can raise not only operational and legal issues, but also questions of leadership, communication, and workplace culture. Supporting employees during times of war requires both practical awareness and empathy. Employers that understand the issues most likely to arise and respond thoughtfully will be better positioned to support their workforce while maintaining compliance and stability.

USCIS Opens FY-2027 H-1B Cap Registration: Key Updates for Employers

By Andres Urdaneta Brylkin on March 6, 2026 Posted in Immigration Planning & Compliance

U.S. Citizenship and Immigration Services (USCIS) has announced that the FY-2027 H-1B cap registration period will run from March 4, 2026, through March 19, 2026. During this period, employers seeking to sponsor foreign national professionals may submit electronic registrations through the USCIS online portal to enter candidates into the annual H-1B selection process.

The FY-2027 cap season introduces notable changes to the H-1B selection framework, including the implementation of a wage-weighted lottery system and the continued application of a $100,000 payment requirement for certain H-1B petitions approved for consular processing.

The Employer’s Winter Games: New York’s Q1 2026 Legal Update

By Colby Berman on March 4, 2026 Posted in Employee Handbooks & Policies, Employment Discrimination Harassment & Retaliation, Wage & Hour

Much like the season’s unpredictable snowstorms, recent developments in New York’s state and local employment laws have arrived quickly and with the potential to disrupt even the most carefully charted workplace policies. This year’s regulatory forecast calls for more than just sturdy boots to ensure your organization doesn’t slip on the latest changes. Read on for an overview of everything employers with employees in New York need to know as Q1 comes to a chilly close.

Déjà Vu for Employers: DOL Moves to Reinstate Prior Independent Contractor Test

By Ten Stallings on March 2, 2026 Posted in Wage & Hour

The U.S. Department of Labor (DOL) has once again proposed a significant change to the federal standard for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA), as well as the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). On February 27, 2026, the DOL published a Notice of Proposed Rulemaking that would rescind the 2024 rule and readopt the 2021 rule’s analysis with a few modifications, including clarifications on “economic dependence,” new illustrative examples, and harmonization across the FLSA, FMLA, and MSPA. This move is intended to provide greater clarity and predictability for employers and workers navigating the increasingly complex landscape of worker classification.

Workforce Cost-Cutting: Key Legal Considerations for Employers

By Debra M. Leder on February 16, 2026 Posted in Employee Benefits, Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Immigration Planning & Compliance, Labor Relations, Wage & Hour

In response to economic pressures, many private employers are exploring ways to reduce labor costs. Whether the approach involves reducing hours, implementing furloughs, or conducting layoffs, it is essential for companies, especially those operating in multiple states, to understand the legal environment.

GLP-1 Medications: What Employers Need to Know About Rising Costs, Coverage Choices, and Managing Legal Risks

By Beth Alcalde, Montaye Sigmon and Chase Nevitt on February 11, 2026 Posted in Employee Benefits

GLP-1 medications, originally developed for diabetes and now widely used for weight management, are rapidly becoming a major cost concern for employer health plans. Annual costs per user often exceed $10,000, and demand is rising, especially with new forms like daily pills recently approved by the FDA. Employers are now facing tough decisions about how to manage these costs while supporting employee health and staying compliant with the law.

EEOC Rescinds Harassment Guidance on Gender Identity: What Employers Need to Know

By M. Adil Yaqoob on February 9, 2026 Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation

Employers are facing renewed uncertainty about workplace protections for gender identity after federal agency guidance was recently withdrawn. On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace, including portions addressing gender identity and sexual orientation. The guidance was intended to help employers understand how federal anti-discrimination law applies to modern workplace conduct, but it is no longer available on the EEOC website.

The EEOC emphasized that enforcement of federal anti-discrimination laws will continue notwithstanding the withdrawal of this specific guidance. Understanding what this development means for employers requires separating what the guidance did from what the underlying law is and remains.

The American Franchise Act: Re-Defining Joint Employer Liability

By Melissa L. Cizmorris and Thomas Y. Mandler on February 5, 2026 Posted in Employment Counseling & Workplace Claims Prevention, Uncategorized

Understanding joint employer liability is critical for companies in the franchise sector, as it directly impacts risk management and compliance. If the American Franchise Act (AFA) were enacted, it would provide significant guidance to franchisors and franchisees regarding the circumstances under which either party would be considered a joint employer, and thus potentially liable for employment law violations committed by the other party.