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U.S. employers filing PERM (Program Electronic Review Management) Labor Certification Applications are now facing increased scrutiny regarding how they disclose travel-related job requirements on Form ETA 9089. Recently, the Department of Labor (DOL) has begun denying PERM applications—without audit—for allegedly incomplete or inconsistent disclosure of travel requirements.Continue Reading Client Alert: PERM Denials on the Rise – Travel and Worksite Issues Under Scrutiny

On September 19, 2025, President Donald Trump issued a proclamation imposing a $100,000 fee on new H-1B visa applications, effective from 12:01 a.m. EDT on September 21, 2025. This fee applies only to new petitions submitted after that date and does not affect current visa holders or renewals. At this time, these are the current important facts that we know:

  • Individuals with a currently approved H-1B petition, or whose H-1B petitions were filed prior to 9/21/25 but are still pending may enter the U.S. without paying a $100,000 fee.
  • Individuals who already have an approved H-1B visa may enter the U.S. without paying a $100,000 fee.
  • The $100,000 fee is not required for H-1B extension petitions.

All H-1B individuals should exercise caution, and consider avoiding travel where possible considering the sudden shifts in policy.Continue Reading Client Alert: New $100,000 Fee for H-1B workers

The U.S. Citizenship and Immigration Services (USCIS) has announced that the registration period for the fiscal year (FY) 2026 H-1B cap will be open from 12pm EST on March 7, 2025, through 12pm EST on March 24, 2025.

H-1B status allows foreign nationals to temporarily work for U.S. employers in a position that requires a bachelor’s degree or above. Congress has set a mandated cap of 65,000 H-1B visas per year, with 20,000 additional H-1B visas for professionals who have obtained a master’s degree or higher from an accredited U.S. institution. Due to the limited number of visas, USCIS has implemented an annual H-1B registration process to randomly select beneficiaries who may then file a new H-1B cap-subject petition if selected. Employers must submit an H-1B registration for any foreign national workers they wish to sponsor for H-1B status. The registration process is simple and relatively inexpensive, requiring basic information from both the employer and the foreign national worker.Continue Reading USCIS Announced FY 2026 H-1B Cap Registration Period

On Friday, November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the federal Department of Labor’s (“DOL”) final rule (“Final Rule”) raising the minimum salary thresholds for the Fair Labor Standard Act’s (“FLSA”) white collar overtime exemptions.  Although it is a decision of a trial level court, and therefore subject to appeal, the decision presently applies nationwide.  This means that the pre-July 1, 2024 white-collar exempt salary thresholds have been reinstated and, unless the legal landscape changes, the January 1, 2025 salary increases to the salary exempt thresholds will not take effect. Continue Reading U.S. District Court Vacates DOL’s Rule Increasing Salary Levels for Exempt Employees

By Andrea Hellrigel, Law Clerk

The Massachusetts Department of Family & Medical Leave (DFML) has announced the rates for the Massachusetts Paid Family & Medical Leave (PFML) program for 2025, which will take effect on January 1, 2025.

For employers with 25 or more employees, the overall maximum PFML contribution for 2025 will remain unchanged at 0.88% of eligible wages. This includes a Family Leave contribution of 0.18% and a Medical Leave contribution of 0.70%. Employers are required to cover a minimum of 60% of the Medical Leave contribution but can deduct up to 40% of this contribution from employees’ wages. Additionally, employers can deduct 100% of the Family Leave contribution from employees’ wages.Continue Reading 2025 Massachusetts Paid Family & Medical Leave Rate Increases

As we have previously written, on August 20, 2024, a Texas federal district court issued an order setting aside the Federal Trade Commission’s (FTC) sweeping proposed rule that would ban and render unenforceable most non-compete clauses in employment agreements.  The FTC is now appealing that district court order.  Specifically, on October 18, 2024, the FTC…

Massachusetts Governor, Maura Healey, recently signed into law a new statute under broader legislation titled “An Act promoting access to midwifery care and out-of-hospital birth options” that entitles Massachusetts employees to earned sick time if the employee suffers a pregnancy loss or experiences a failed adoption, assisted reproduction, such as in vitro fertilization, or surrogacy.Continue Reading Massachusetts Implements New Law that Expands Covered Sick Time to Include Pregnancy Loss and Failed Adoption, Assisted Reproduction and Surrogacy

The highest state court in Massachusetts, the Supreme Judicial Court (“SJC”), recently declared that the Massachusetts Paid Family and Medical Leave Act (“PFMLA”), General Laws c. 175M, does not require an employer to guarantee the accrual of vacation and sick time during an employee’s PFMLA leave. Among other things, PFMLA gives eligible employees the right to take paid leave to bond with their child during the first year after the child’s birth, adoption, or placement in foster care.Continue Reading Massachusetts Supreme Judicial Court Finds that the Paid Family and Medical Leave Act Does Not Require an Employer Guarantee the Accrual of Vacation and Sick Time While the Employee is on Leave  

The Massachusetts Appellate Division of the District Court – North District recently issued a decision regarding whether retention bonuses constitute wages under the Massachusetts Wage Act, G.L. c. 149, § 148 (the “Wage Act”). In the matter of Nunez v. Syncsort Incorporated, NO. 23-ADCV-63NO, the court ruled that retention bonuses are not wages under the Wage Act and not subject to strict liability or treble damages under the Wage Act for failure to be timely paid.Continue Reading Court Rules Retention Bonuses Are Not Wages Under Massachusetts Wage Act