Perspective: Kirton McConkie Law Blog

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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

Cyber Security

Roughly one million pieces of malware—computer viruses or malicious software—are released every day. In recent years, we’ve witnessed an unprecedented level of activity in the cyber arena, both in the form of increased cyber-attacks as well as corresponding legislative and regulatory activity in response to those attacks. Hackers are faster, stealthier and more creative, and laws and regulations are often changing to keep up with such a fast paced and rapidly evolving environment. It can be difficult and frustrating to fend off cyber-attacks while keeping track legal obligations.  Read More

USCIS published notice of proposed rulemaking in Federal Register inviting public comment

On May 4, 2016, USCIS published a notice of proposed rulemaking in the Federal Register (81 F.R. 26903) inviting public comment, for 60 days, on the proposed U.S. Citizenship and Immigration Services Fee Schedule.   Read More

Utah Passes New Law Placing Restrictions on Noncompetition Agreements

On March 9th, 2016, the Utah Legislature passed a bill, which the governor signed, substantially limiting an employer's ability to use noncompetition covenants to prevent former employees from competing against them. The new law limits the duration of noncompetition covenants entered into after May 10th, 2016 to one (1) year. According to the statue, any noncompetition covenant that violates the law, including the one-year limitation, "is void." Read More