Perspective: Kirton McConkie Law Blog

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New Rule: The Fight Against Corruption Speaks French

On November 8, France adopted its new framework legislation against corruption, the Law on Transparency, the Fight against Corruption and Modernization of Economic Life, otherwise called the “Sapin II Law” from the name of its sponsor, Michel Sapin, the French Minister of Finance.  The Sapin II Law elevates French standards to those of the UK, the U.S. and other countries in the international fight for transparency and against corruption; it also represents a strong response to much criticism from the international community for weak domestic enforcement at a time when French companies have received gigantic penalties by U.S. authorities.[1]  Companies with operations in France (as well as French companies operating abroad) will now have to adjust their compliance efforts to take into consideration these new standards. Read More

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

On Friday, November 18, 2016, U.S. Citizenship and Immigration Services (USCIS) released the press release below. Read More

EU and Canada Signed Landmark Trade Agreement

While the U.S. was fully immersed in its presidential elections and took distance from the T.T.I.P. (the long-negotiated international trade agreement between the U.S. and the European Union), and while Great Britain was consumed with its Brexit, the EU responded by creating a free-trade zone with another powerful G7 member, Canada. On Sunday, October 30th, the EU and Canada signed the Comprehensive Economic and Trade Agreement (CETA), a free-trade agreement that, when in force, will eliminate 98% of the tariffs between Canada and the EU and allegedly allow for a half-billion Euros in savings in export taxes.

On Sunday, October 30th
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Privacy Shield: The New Safe Harbor

In the aftermath of the Safe Harbor invalidation, the European Commission and the U.S. Department of Commerce have agreed to a new draft of the “Privacy Shield”. Read More

A Big Win for Internet Consumers

On June 14, 2016 the United States Court of Appeals for the District of Columbia Circuit issued its ruling in United States Telecom Association, et al v. Federal Communications Commission and United States of America. The result is a huge win for internet consumers of all kinds. The Court has specifically defined high speed internet service as a utility, allowing for greater protections for web consumers.  Read More

American Immigration Lawyers Association shares online resources to help understand new DHS final rule

On May 10, 2016, the American Immigration Lawyers Association (AILA) published the following announcement about online resources following the Department of Homeland Security’s new final rule affecting international students with Optional Practical Traning (OPT) based on completion of a U.S. degree in Science, Technology, Engineering, or Mathematics (STEM).  AILA’s announcement provides: Read More

U.S. Citizenship and Immigration Services publishes an extension of Temporary Protected Status

On May 16, 2016, U.S. Citizenship and Immigration Services (USCIS) published an extension of Temporary Protected Status (TPS) for eligible nationals of Nicaragua and those without nationality who last habitually resided in Nicaragua for an additional 18 months, effective July 6, 2016 through January 5, 2018.   Read More

U.S. Citizenship and Immigration Services (USCIS) publishes extension of Temporary Protected Status for eligible nationals of Honduras

On May 16, 2016, U.S. Citizenship and Immigration Services (USCIS) published an extension of Temporary Protected Status (TPS) for eligible nationals of Honduras and those without nationality who last habitually resided in Honduras for an additional 18 months, effective July 6, 2016 through January 5, 2018.   Read More

U.S. Citizenship and Immigration Services published a policy memorandum in the decision of Matter of Z-A, Inc.

On April 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a policy memorandum designating the decision of the Administrative Appeals Office (AAO) in Matter of Z-A-, Inc. as an adopted decision establishing policy guidance applying to and binding all USCIS employees. USCIS personnel are directed to follow the reasoning in this decision and in similar cases. Read More

DOL Issues Final Rule Increasing the Salary Threshold for the Overtime Exemptions

The Fair Labor Standards Act (“FLSA”) generally requires employers to pay non-exempt employees overtime compensation for all hours worked over 40 in a workweek.  Overtime compensation must be at least one and one-half times the employee’s regular pay rate.  Although there are many exemptions from the overtime requirements, only workers who perform certain duties and were paid at least minimum salary thresholds qualified for any of the exemptions.   Read More