Legal Updates Archive

Iowa and Minnesota are not known for oil and gas production, and with good reason — there isn’t any. But despite a history of oil or gas production in either state, recent discoveries prompted the 2024 sessions of the Iowa and Minnesota legislatures to revisit their oil and gas statutes.

On Friday, November 15, 2024, a federal district court struck down the U.S. Department of Labor’s 2024 rule increasing the minimum salary required for the most common overtime exemptions under the Fair Labor Standards Act. 

Iowa landlords are likely to receive long-awaited clarity on notice requirements under the Coronavirus Aid, Relief and Economic Security (CARES) Act from the Iowa Supreme Court in a pending appeal case where Fredrikson attorneys, Jodie McDougal and Jack O’Brien, filed an amici curiae brief on behalf of multiple statewide landlord associations.

On October 9, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule under the 2018 Vessel Incidental Discharge Act (VIDA) governing the release of pollution to U.S. waters incident to the operation of ships, including unique requirements applicable to Great Lakers freighters.

On September 26, 2024, the Minnesota Public Utilities Commission unanimously adopted the recommendations of the Minnesota Department of Commerce (DOC) and the Minnesota Pollution Control Agency (MPCA) regarding how the Commission should interpret new or amended terms added to Minn. Stat § 216B.169.

Many employers are intimately familiar with the federal Family Medical Leave Act, which requires up to 12 workweeks of job-protected leave for qualified employees of covered employers. Here we discuss three common FMLA-related mistakes we encounter as business advisors. 

The Internal Revenue Service has announced the 2025 cost-of-living adjustments (COLAs) for benefit plans.

With the November 5 general election looming, employers should be reminded of Iowa’s law regarding time off to vote, Iowa Code § 49.109. Polls in Iowa will be open from 7 a.m. to 8 p.m. statewide on November 5.

The Department of Homeland Security (DHS) announced several measures “to provide temporary immigration reprieve to eligible Lebanese nationals currently in the United States” and to allow them to request work authorization, including Temporary Protected Status (TPS), Deferred Enforced Departure (DED), and Special Student Relief.

U.S. Citizenship and Immigration Services (USCIS) has approved International Education Evaluations, LLC, as a new credentialing organization for healthcare workers for certain immigration purposes.

On October 11, 2024, U.S. Citizenship and Immigration Services (USCIS) announced an update to its guidance on expedite requests, effective immediately.

On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance, effective immediately, to further clarify the types of evidence that the agency may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.

The Department of State's Bureau of Consular Affairs announced on October 3, 2024, that it is reducing processing times for passports to four to six weeks, down from six to eight weeks.

Disputes regarding failures to disclose material facts are common in residential real estate transactions. A number of courts have considered the issue of whether a seller is obligated to disclose the existence of paranormal or violent occurrences on the property.

On October 17, 2024, the Federal Energy Regulatory Commission (FERC) unanimously voted to finalize its rule with plans for exercising its limited authority over transmission line siting. Order No. 1977 clarifies that FERC has the authority to issue transmission permits within U.S. Department of Energy-designated National Interest Electric Transmission Corridors (NIETC) even after states deny an application in these areas.

Through Executive Order, President Biden has announced both Deferred Enforced Departure (DED) and Temporary Protected Status (TPS) for Lebanese nationals. These designations have two different time periods for qualification yet provide similar benefits.

Ever since remote work became a normal reality for corporate employees, it is not surprising to see an increase in the use of personal devices for business purposes. This means text messages on company-owned phones and personally owned phones that are used for business purposes can be a relevant data source in litigation.

Most people building a home enter into an agreement with a general contractor. In turn, that general contractor enters into agreements with subcontractors to actually build the home. At first glance, it may seem that those subcontracts are intended to benefit the homeowner, as the work under the subcontract will result in the construction of their home. However, in a recent decision, the Wisconsin Court of Appeals found that a homeowner was not a third-party beneficiary to a subcontract.

As we approach election day, employers are likely to notice an increase in discussions about political and social issues in the workplace. 

The emergence of tools designed to produce new imagery, video and sound based on generative artificial intelligence/machine learning is raising questions about the efficacy of current laws governing the use and protection of human made content. We recently had the opportunity to survey this legal landscape in a matter involving the use of AI to recreate the voice of a well-known public figure.

U.S. Citizenship and Immigration Services (USCIS) announced on September 19, 2024, that it has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025.

As of September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of permanent resident cards (green cards) to 36 months for lawful permanent residents (LPRs) who file Form I-90, Application to Replace Permanent Resident Card.

On September 9, 2024, the Department of State (DOS) announced the issuance of all available visas in the employment-based second preference (EB-2) visa category for fiscal year (FY) 2024.

The Department of Labor's (DOL) Office of Foreign Labor Certification (OFLC) announced a revised transition schedule (scroll to September 10, 2024) for receiving and processing H-2A job orders and Applications for Temporary Employment Certification under the Farmworker Protection Rule, along with other technical guidance.

The California Service Center (CSC) has moved to a new facility.

U.S. Citizenship and Immigration Services (USCIS) has updated its guidance on when students may be eligible for optional practical training (OPT) extensions for science, technology, engineering, and mathematics (STEM) fields.

A Texas District Court has temporarily stopped the Biden administration's "Keeping Families Together" parole-in-place program.

According to reports, the Biden administration plans to resume a program that allows would-be migrants from Cuba, Haiti, Nicaragua, and Venezuela to apply from their home countries for entry into the United States.

Pay transparency laws are increasingly being implemented across the United States with a purported goal of increasing fairness, addressing wage inequalities and promoting a more transparent hiring process.

Back in February 2023, the National Labor Relations Board issued its widely discussed decision in McLaren Macomb that drastically shifted the standard for determining the lawfulness of common employee separation agreements. In short, the NLRB ruled that a hospital violated the National Labor Relations Act by unlawfully furloughing eleven employees without bargaining with the union, by directly dealing with those employees in offering them separation agreements, and by offering separation agreements with facially unlawful confidentiality and nondisclosure terms.

On August 19, 2024, the Department of Homeland Security (DHS) announced a Federal Register notice to implement Keeping Families Together, a parole-in-place process for certain noncitizen spouses and stepchildren of U.S. citizens. DHS estimated that up to 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens may meet the eligibility criteria.

The Department of State (DOS) announced on August 16, 2024, that annual limits have been reached in the EB-3, EW, and EB-5 unreserved categories for this fiscal year.

U.S. Citizenship and Immigration Services (USCIS) announced on August 5, 2024, that it has completed its second random selection to reach the fiscal year (FY) 2025 H-1B regular cap numerical allocation.

U.S. Citizenship and Immigration Services (USCIS) issued an update to its policy on Ukrainian employees with parole, stating that E-Verify employers should not create a case in E-Verify for re-paroled employees unless they are newly hired.

U.S. Citizenship and Immigration Services (USCIS) has extended the expiration date of Form I-9, Employment Eligibility Verification, to 05/31/2027.

On July 26, 2024, President Biden issued a memorandum directing the deferral, for 18 months, of the removal of any Lebanese national who was present in the United States on that date, with a few exceptions.

On June 18, 2024, the Biden administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college in the United States and have a job offer.

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance, effective immediately, on new provisions in the Immigration and Nationality Act (INA) that cover consequences for noncompliance with the EB-5 regional center program.

U.S. Citizenship and Immigration Services (USCIS) released frequently asked questions (FAQs) that address common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident (LPR) status, job changes or terminations, international travel, and dependent family members.

On April 23, 2024, the U.S. Department of Labor issued a final rule raising the minimum salary employers must pay exempt employees under the federal Fair Labor Standards Act. Though the rule is facing legal challenges, employers are preparing for what comes next. If you have exempt employees, here is what you need to know.

With cannabis now officially legalized in Minnesota and the Office of Cannabis Management working to develop its regulatory licensing and oversight program for cannabis businesses, many bankers are also hard at work putting together cannabis banking business lines. But there’s another important piece of this puzzle: the deposit account agreement.

Fredrikson attorneys from several practice and industry groups reflect on the potential impact of the Supreme Court’s rulings on their specific areas of law and on their clients’ business.

The Federal Trade Commission has struck out in enforcing its final rule banning employment non-competes, but there are more innings to go.

As the Federal Trade Commission ban on non-compete agreements is set to take effect September 4, 2024, its status remains in flux. Two federal district courts have issued rulings enjoining the FTC from enforcing the ban. Both rulings are limited to only the named plaintiff in the case, but one of these courts has promised a decision on whether to enter a nationwide injunction before August 30, 2024. This puts employers in a difficult situation.

It is no secret that the intercollegiate athletics landscape has changed drastically over the last five years, as student-athletes have been permitted to license their Name, Image and Likeness (NIL) in exchange for compensation. These changes, kicked off by state legislatures in California and Florida, were escalated by student-athlete-initiated legal action.

On July 24, 2024 the U.S. District Court for the Eastern District of Missouri Eastern Division issued a 54-page Memorandum and Order enjoining the U.S. Department of Education from “implementing, enacting, enforcing, or taking any action in any manner to enforce” the 2024 Title IX regulations published on April 29, 2024, against the plaintiff states of Arkansas, Missouri, Iowa, Nebraska, North Dakota, and South Dakota.

With nearly fifty years of caselaw addressing the introduction, definition, and expansion of workplace harassment law, the Equal Employment Opportunity Commission replaced its prior enforcement guidance published in the 1980s and 1990s with a new document entitled “Enforcement Guidance on Harassment in the Workplace.” This document provides some helpful insight that employers can use to review and update their harassment policies and trainings.

The Department of Homeland Security (DHS) announced that the designation of Yemen for Temporary Protected Status (TPS) has been extended and redesignated for 18 months, beginning on September 4, 2024, and ending on March 3, 2026. DHS also announced work authorization relief for F-1 students from Yemen. Below are highlights of DHS’s actions.

The Department of State’s Visa Bulletin for August 2024 shows no further retrogression in the EB-3 visa category following retrogression in July.

President Biden has extended through June 30, 2026, deferred removal for Liberians with a grant of Deferred Enforced Departure (DED) under a 2022 memorandum.