Cross Border Employer | Fisher & Phillips LLP
News, commentary and legal updates from Fisher & Phillips attorneys
who assist employers with cross border employment matters.

New Safe Harbor Still Hangs in the Balance

February 5, 2016 00:06
by Nick Beermann (CIPP/US)
The European Union Court of Justice’s invalidation of the EU-USA Safe Harbor for data transfers between the two continents remains subject to question at the end of this week after the European Commission blew its January 31 deadline to reach a new Safe Harbor Agreement with the United States. As we’ve previously posted, the continued invalidated Safe Harbor, which permitted the transfer of data from the EU to the USA and US companies where such companies could prove adequate safegu...

DHS Enhances Opportunities for H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrants

February 4, 2016 03:08
by Rob Neale
On January 15, 2016, the Department of Homeland Security (DHS) posted a final rule in the Federal Register which revises its regulations affecting highly skilled workers in the nonimmigrant classifications for specialty occupations from Chile/Singapore (H-1B1), Australia (E-3), nonimmigrant workers in the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification, and the immigrant classification for employment-based first preference (EB-1) outstanding pro...



60 Day Comment Period on Proposed Changes to Form I-9 Ended on January 25, 2016

February 2, 2016 00:14
by Rob Neale
On November 24, 2015, the U.S. Citizenship and Immigration Services (USCIS) published a 60 day notice of proposed changes to the Form I-9 in the Federal Register. The 60 day public comment period ended on January 25, 2016. The purpose behind the proposed changes is an attempt by USCIS to create a “smart” version of the I-9 to reduce user error and make the form easier to complete. The proposed changes include new drop-down menus, field checks and real-time error messages to ensure...



FY17 H-1B Cap Filings Begin April 1, 2016

January 29, 2016 00:29
by Rob Neale
U.S. employers who sponsor foreign workers for temporary H-1B work visas should be aware that April 1, 2016, is the earliest date that new H-1B petitions may be filed to count against the upcoming FY17 quota (or “cap”). Employers should be identifying those first-time H-1B workers for which petitions will be filed this April. International students holding F-1 visas are the most common beneficiaries of first-time H-1B petitions. Demand for H-1Bs is expected to be higher than last ye...

H-1B | H-1B Visa

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Court Allows DHS Until May 10, 2016, to Issue New STEM OPT Rule

January 26, 2016 07:50
by Rob Neale
The U.S. District Court for the District of Columbia gave the Department of Homeland Security (DHS) until May 10, 2016, to correct the procedural defects to its STEM OPT rule. The prior deadline had been February 12, 2016, to get a new rule in place. As background, the Washington Alliance of Technology Workers filed a lawsuit against DHS with the U.S. District Court for the District of Columbia challenging the agency’s 2008 rule which allows the U.S. Citizenship and Immigration Services (...


Employment Law in Austria: Part II

January 21, 2016 08:47
by Amanda K. Caldwell
Maternity Leave Protection In accordance with the Maternity Protection Act of 1979 (“Maternity Protection Act”), pregnant women are prohibited from working during the last eight (8) weeks immediately prior to the presumed date of delivery and the eight (8) week period must be calculated based upon a medical certificate provided  by the employee’s treating physician. If the delivery occurs before or after the date set forth in medical certificate, the time period would b...

Austria | Employment Law


Updates to Restrictive Covenants in Denmark Clear Final Legislative Hurdles

January 5, 2016 07:00
by Robert Fallah
  Denmark has recently adopted several new rules governing restrictive covenants in employment. Originally introduced as Bill 196 in April 2015 by Employment Minister Jorn Neergaard Larsen, implementation was delayed for several months due to the calling of a general election until finally being passed in December. With the new rules, which took effect on January 1st, Denmark has opted to take a decidedly pro mobility stance by sharply limiting the use of restrictive covenants in order t...

Denmark | Restrictive Covenants

Mexico – Single National Minimum Wage

December 17, 2015 01:32
by Samina Weil
On September 24, 2015, the National Minimum Wage Commission resolved that a single minimum wage of $70.10 pesos a day would apply across the entire country of Mexico. This resolution became effective as of October 1, 2015. Previously, for the purposes of minimum wage, Mexico was divided into two geographic areas – A and B. The September resolution brought the minimum wage for geographic area B, previously set at $68.28 pesos a day, up to $70.10 pesos a day, in line with the minimum wa...

Minimum Wage

European Union: Working time for workers with no fixed place of work

November 20, 2015 01:05
by Samina Weil
If you employ or plan to employ workers in the European Union who have no habitual or fixed place of work, you should be aware of a recent ruling of the European Court of Justice (“ECJ”). The ECJ determined in September that “working time” for such peripatetic workers includes travel time from home to the first designated customer and back home from the last designated customer. The issue arose in the case of Federacion de Servicios Privados del sindicato Comisiones O...


EU-US Data Transfer Safe Harbor Ruled Invalid

October 7, 2015 06:20
by Nick Beermann (CIPP/US)  & Robert Fallah
In a decision sure to have widespread implications for over 4,500 US companies doing business in Europe and anyone else who accesses data from the continent, the European Court of Justice ruled yesterday that the 15 year-old data-sharing arrangement known as “Safe Harbor” is invalid. Those unfamiliar with this case, should consider examining our previous posts on this topic here and here. In short, complainant, Austrian Maximillian Schrems, filed a complaint against Facebook with ...



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