Tag Archives: Epstein Becker & Green

Immigration Update: USCIS Selection Process; Biometrics; DHS Inspections Relating to I-9 Enforcement

USCIS Completes the Initial Selection Process

On April 1, 2020, U.S. Citizenship and Immigration Services (‘USCIS”) announced that the initial selection of H-1B cap-subject registrations for fiscal year (“FY”) 2021 was completed. Petitioners who electronically registered beneficiaries in the H-1B registration process and were selected through the random selection process may file their H-1B cap petition within the period indicated on the relevant registration selection notice. The filing period for the H-1B cap-subject petition will be at least 90 days. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2021 H-1B cap-subject petition.

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Not Only Will We March Again: Committed, Resilient IP Lawyers Marching Still In Time Of COVID

A few weeks back, as remote working and social distancing were becoming the order of the day (and interesting phrase, given what quickly became the norm in many US states and cities, as executive orders abounded), my son tossed a statement in my direction that was both compliment and challenge:  “Isaac Newton developed calculus, among other discoveries and achievements, and Shakespeare may have written King Lear, during quarantine and social distance periods.  You’re not them, but you’re pretty smart so I am expecting something.”  Offering him this blog post, or some of the other things I have written or said in the last few weeks, is probably not what he had in mind.  But it did get me thinking about what intellectual property lawyers and others can do, and have been doing, as we practice law in the time of COVID.

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New Jersey DOL Issues Regulations Implementing COVID-19 Anti-Retaliation Law

On March 20, 2020, New Jersey Governor Phil Murphy signed legislation (“Law”) prohibiting employers from taking any adverse employment action against employees who take, or request, time off due to an infectious disease that could affect others at work based on a written recommendation of a New Jersey licensed medical professional.  The Law, which we summarized in a previous article, became effective upon enactment.

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COVID-19: New Jersey Takes Action to Raise Health Care Personnel Levels

As the number of COVID-19 cases in the State of New Jersey continues to grow, Governor Murphy has issued various executive orders aimed at combatting COVID-19.  On April 1, 2020 the Governor signed Executive Order 112 (“EO 112”), which focuses on the health care industry with a goal of increasing the number of health care workers responding to COVID-19 in New Jersey.  EO 112, among others things:

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NLRB Ends Suspension of Union Representation Elections

­­Amid the ever-increasing impact of the COVID-19 crisis across the country, the National Labor Relations Board (“NLRB” or “Board”) announced on Wednesday that the two-week freeze on representation elections currently in effect would end on April 3, 2020.  In the weeks leading up to the nationwide postponement of elections, which included both manual and mail ballot elections, the Board implemented an agency-wide telework policy and announced the closure of several Regional Offices.  According to the Board’s website, at least six Regional Offices remained closed as of March 30, 2020, with another 14 Regional and Subregional Offices closed to the public.

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Video: Coronavirus CARES Act Changes the Landscape for Employers – Employment Law This Week

As featured in #WorkforceWednesday:  Last week, Congress passed and President Trump signed the CARES Act, a $2+ trillion stimulus law, which is the largest stimulus in U.S. history. Attorney Paul DeCamp discusses how this law could benefit certain employers during this unprecedented time in the following video interview.

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HHS Office for Civil Rights Bulletin on Civil Rights Issues During the COVID-19 Crisis

Numerous media reports concern the shortage of medical resources, personal protective equipment, and qualified professionals during the growing COVID-19 medical emergency.  As a result, providers may ultimately have to make choices regarding resource allocation among hospitalized patients suffering from COVID-19.  Disability rights and other advocacy groups have expressed concern about resource allocation from the point of view of how individuals with pre-existing disabilities and other individuals may have been treated in the past by the medical system.  While bioethicists may work to address the ethical issues involved with treating patients under conditions of resource scarcity, providers rightfully may worry about potential legal liability in distributing scarce resources among those in need.  While both the Trump Administration and Congress have acted to allay some of these worries, concerns remain for both individual practitioners and the facilities with which they work.

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Some States Are Prioritizing Telehealth Through Section 1135 Waiver Requests

On March 13, 2020, President Trump issued a proclamation that the novel coronavirus (“COVID-19”) outbreak in the United States constituted a national emergency. Following this proclamation, pursuant to section 1135(b) of the Social Security Act, the Secretary of the Department of Health and Human Services (“HHS”), Alex Azar, invoked his authority to waive or modify certain requirements of titles of the Act as a result of the consequences of the COVID-19 pandemic, to the extent necessary, as determined by the Centers for Medicare & Medicaid Services (“CMS”), to ensure that sufficient health care items and services are available to meet the needs of individuals enrolled in the Medicare, Medicaid, and Children’s Health Insurance Programs (“CHIP”). This authority took effect on March 15, 2020, with a retroactive effective date of March 1, 2020 and will terminate at the conclusion of the public health emergency period.[1] Pursuant to this authority, HHS announced a number of nationwide blanket waivers, including a waiver related to telehealth, in order for providers to respond to the COVID-19 public health emergency.[2]

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HHS Issues Blanket Waivers for Certain Financial Relationships Subject to the Stark Law

WHO: The Secretary of the Department of Health and Human Services (HHS)

WHAT: Issued nationwide “blanket waivers” of the federal Stark Law (Section 1877 of the Social Security Act) pursuant to his authority Section 1135 of the Social Security Act.

WHEN: Although issued on March 30, 2020, the waivers are retroactively effective as of March 1, 2020.

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FDA Issues Update to Guidance for Clinical Trials During the COVID-10 Pandemic

On Friday, March 27, 2020, FDA issued an update to previous guidance titled, “FDA Guidance on Conduct of Clinical Trials of Medical Products during the COVID-19 Pandemic” (the “Guidance”), adding an Appendix with ten questions and answers for specific topics based on feedback received on the initial March 18th Guidance. To supplement our prior blog post, we identify some key takeaways from the updated Guidance below:

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