In 2021, there was a mass shooting at a high school in Michigan in which four students were killed. As a result of this shooting, not only was the shooter prosecuted, but the parents of the shooter were charged with criminal liability by their failure to take ordinary care to act appropriately, and are, therefore, being tried for four counts of involuntary manslaughter. The mother was recently convicted.

Other parents in the last few months have pled guilty to charges of reckless conduct or neglect in these situations. Given this pattern, it is reasonably foreseeable that employers—if such shootings take place in the workplace—may also be prosecuted or subject to stiff personal injury claims due to shootings in the workplace, if they do not follow at least the minimum standards as set out in state law regarding restrictions on weapons in the workplace.Continue Reading Employers Beware: The Scope of Responsibility for Workplace Shootings Is Widening

On October 23, 2023, U.S. Citizenship and Immigration Service (USCIS) issued a notice of proposed rulemaking to amend the H-1B regulations. These proposed rules are seen as a significant step to modernize the H-1B requirements and address issues of fraud that occurred in the previous H-1B lottery cycle. Comments for these proposed rules will be accepted through December 22, 2023.Continue Reading New Proposed H-1B Rules Seek to Modernize Requirements and Reduce Fraud

In June 2022, the United States Supreme Court’s decision in Viking River Cruises v. Moriana allowed PAGA claims to be split into individual and non-individual (representative) claims, and consequently, under a valid enforceable arbitration agreement, employers could compel arbitration of individual PAGA claims. The U.S. Supreme Court’s ruling established that once individual claims are compelled to arbitration, the remaining non-individual claims should be dismissed for lack of standing. Justice Sotomayor, in her concurring opinion, warned that if the Court’s interpretation of California law as to standing was incorrect, the final authority would rest with the California courts and legislature.Continue Reading California Supreme Court Keeps Representative PAGA Claims Afloat in State Court