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Justin A. Allen
Melissa A. Bailey
Cynthia A. Bremer
Francesco A. DeLuca
John A. Drake
Brittany A. Eckard
Stesha A. Emmanuel
Stesha A. Emmanuel
Elizabeth A. Falcone
Sarah A. Fisher
Emma A. Healey
Joshua A. Hughes
Jacob A. Kanyusik
Jacob A. Kanyusik
Tracey A. Kinslow
Leslie A. Lajewski
Leslie A. Lajewski
Noel A. Lesica
Thomas A. Lidbury
Michael A. Masse
Michael A. Masse
John A. Morrison
Ryan A. Mosser
Ryan A. Mosser
James A. Patton Jr.
Stephen A. Riga
Stephen A. Riga
Laurence A. Shapero
Hal A. Shillingstad
Stephanie A. Smithey
Stephanie A. Smithey
Gustavo A. Suárez
Aaron Warshaw
Sandra Aguilar
Alexa Sulzenko
Andre Appel
Dee Anna D. Hays
Ruth Anne Collins Michels
Hera S. Arsen Ph.D.
Arthur Schoeffler
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Latest from Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Quick Hits
  • USCIS announced that both the 65,000 regular H-1B cap allocation and the 20,000 master’s cap allocation have been met.
  • USCIS will continue to accept and process cap-exempt H-1B petitions, including extension, amendment, and change of employer petitions, as well as change of status petitions filed by cap-exempt petitioners.

Each year, USCIS is authorized

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Quick Hits
  • The DOL’s 2026 agency rule list includes eight WHD proposed rules covering tipped employees, young workers, independent contractor classification, and joint employer status, combining both newly announced and previously proposed measures.
  • Among the newly announced items, the WHD is considering revised tip regulations that may align with the IRS’s recent “No Tax on

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Catching Up With Congress. Lawmakers returned to Washington, D.C., this week, following the July 4th recess and with the clock ticking down on the 119th Congress. The U.S. House of Representatives is scheduled to remain at work in D.C. through July 23, 2026, while the U.S. Senate is scheduled to stay the course through August

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Quick Hits
  • On July 17, 2026, DHS issued a final rule that eliminates the “duration of status” framework and imposes fixed admission periods of up to four years for F-1 and J-1 nonimmigrants and up to 240 days for I nonimmigrants.
  • F, J, and I nonimmigrants who need to remain beyond their authorized admission period

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Quick Hits
  • New York State lawmakers have passed a bill that would ban the enforcement of class action waivers in some circumstances and other waivers of workers’ rights under the Human Rights Law.
  • The bill includes exceptions for bona fide settlements, post-employment agreements, and collective bargaining agreements, while also considering federal preemption under the Federal

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Quick Hits
  • The Third Circuit affirmed the dismissal of race discrimination and retaliation claims, ruling the employee failed to establish a prima facie case or overcome the employer’s legitimate business reasons for the elimination of his position. 
  • The court found no evidence of discriminatory animus, noting the employee was not replaced in a discriminatory manner

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Quick Hits
  • Employers with employees in Minnesota must designate and communicate their chosen accrual year for ESST or it defaults to the calendar year.
  • Eligibility is based on a “good faith” determination that an employee will work at least eighty hours per year in Minnesota.
  • Employees—not employers—control whether ESST is used.
  • ESST used for a

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SCOTUS: FTC Removal Protections Are Unconstitutional. On June 29, 2026, the Supreme Court of the United States ruled that the provision of federal law limiting the president’s ability to remove commissioners of the Federal Trade Commission (FTC) only for “inefficiency, neglect of duty, or malfeasance in office” violated the United States Constitution’s separation of powers.…

Quick Hits

  • On June 5, 2026, the federal district court granted a preliminary injunction requested by twenty states and Washington, D.C., which are challenging the USDA’s conditions requiring funding recipients to certify compliance with the administration’s policies on antidiscrimination and not to use money in ways contrary to the federal government’s positions on “gender ideology,”

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Quick Hits

  • The CAI found that Metro Inc.’s facial recognition pilot meets the necessity standard of the Act respecting the protection of personal information in the private sector (the Privacy Act).
  • Although it called facial recognition more intrusive than traditional video surveillance and the biometric data “sensitive,” the CAI held that the biometric bank does

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