Written by Andrea Moran The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire March 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibility policy an additional 60 days until...
April 2, 2021 EL PASO, TX – ScottHulse, P.C., a full-service commercial law firm, held its 13th annual Labor and Employment Seminar: The Show Must Go On, on March 31, 2021. The annual event was held live through a virtual platform in which 220 local and regional business professionals attended. The seminar, which is designed for human resource professionals, managers, supervisors, executives, business owners, and...
With the U.S. Food and Drug Administration (“FDA”) issuing the first emergency use authorization for a COVID-19 vaccine, employers are scrambling to determine whether they can legally require their workers to take the vaccine amid the nationwide surge in COVID-19 cases. Yesterday, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 guidance to provide employers with a road map detailing the steps businesses must take...
Second Chances: Opportunity Zones as an Alternative for Failed 1031 by Partnerships, S Corporations, and Nongrantor Trusts
By: David S. Hansen Most real estate investments help through some form of entity for liability protection purposes. These entities are often a partnership or an S Corporation. Such investors may make the decision that it would be prudent to terminate a particular investment in real property from time to time. Perhaps they believe the market is at a high point. Perhaps they wish to...
The Supreme Court Holds That Catholic School Teachers are “Ministers” and Cannot Bring Employment Discrimination Claims
By Luis F. Calvo On July 8, 2020, the U.S. Supreme Court issued a 7-2 decision holding that Catholic schoolteachers cannot bring employment discrimination claims against the religious institutions that employ them. The Court reached its decision citing the so-called “ministerial exception,” based on the First Amendment’s protection of the rights of religious institutions “to decide for themselves, free from state interference, matters of church...
Written by Andrea Moran On Monday, June 22, 2020, President Trump signed an Executive Order (the “Order”) suspending the entry into the United States of certain foreign nationals on certain employment-based nonimmigrant visas through December 31, 2020. This Order also extends Presidential Proclamation 10014 issued on April 22, 2020, which suspended the entry of certain immigrants into the United States. Below is the summary of...
By Luis F. Calvo On June 15, 2020, the U.S. Supreme Court issued a landmark 6-3 decision extending Title VII of the Civil Rights Act of 1964’s prohibitions against discriminations “because of sex” to gay, lesbian, and transgender employees. As a result, “[a]n employer who fires an individual merely for being gay or transgender” violates Title VII. The Supreme Court issued a single decision...
On Wednesday, April 22, 2020, President Trump signed an Executive Order that would restrict some people from entering the country over the next two months but does not shut off all applications for permanent residence or for other temporary visa workers as he had publicly declared one day earlier. The order does block some new entrants who do not already have visas or travel documents,...
Written by Ryan Hoover The Coronavirus Aid, Relief, and Economic Security (CARES) Act, a $2 trillion plan to respond to the crisis caused by the coronavirus pandemic was signed into law on March 27, 2020. The stimulus package includes loans, tax breaks and direct payments for businesses and individual taxpayers, including $349 billion for Small Business Administration (SBA) loan guarantees and subsidies and additional funding...