June 26, 2020: DHS published a final rule implementing the rule proposed on November 14, 2019 that would modify the DHS's regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application. The final rule becomes effective August 25, 2020.

June 22, 2020: USCIS published a final rule removing the regulatory provision stating that the agency has 30 days from the date an asylum applicant files the initial Form I-765, Application for Employment Authorization (EAD), to grant or deny that initial employment authorization application. The rule also removes the provision requiring that the application for renewal be received by USCIS 90 days before the expiration of the employment authorization. USCIS initially issued a news release on June 19, 2020 announcing this change to the 30-day timeframe. The final rule becomes effective on August 21, 2020.

June 17, 2020: USCIS announced that it will automatically extend parole and employment authorization if applicable for current parolees present in the Commonwealth of the Northern Mariana Islands (CNMI) whose parole status will expire on June 29, 2020. To ensure that all eligible foreign nationals, including parolees, will have the full opportunity to apply for CNMI long-term resident status without interruption to their parole status, USCIS will automatically extend parole (and employment authorization, if applicable) for these foreign nationals without interruption through August 17, 2020.

June 25, 2020: The WHD announced the issuance of the following five new opinion letters that address compliance issues related to the FLSA:

June 24, 2020: The WHD signed a Memorandum of Understanding (MOU) with the Equal Rights Division of the Wisconsin Department of Workforce Development. The three-year agreement allows the two agencies to work together and communicate more efficiently and effectively, providing an opportunity for the agencies to conduct joint investigations, conduct joint outreach, and share training materials and other information.

June 8, 2020: The WHD published a final rule revising its regulation for computing overtime compensation of salaried nonexempt employees who work hours that vary each week (fluctuating workweek) under the FLSA. The final rule clarifies that:

(85 Fed. Reg. 34970 (June 8, 2020).)

June 26, 2020: The Office of the General Counsel of the NLRB published Memorandum GC 20-09 providing guidance on make whole remedies in duty of fair representation cases. The memorandum states that regions should urge the NLRB to reverse Alamillo Steel and adopt a standard requiring that, once the General Counsel establishes the arguable merit of the underlying grievance, the burden shifts to the union to establish that the grievance was not meritorious. If the union fails to carry its burden, the union will be liable to make the employee whole for the damage. UPDATE: On February 1, 2021, the NLRB Acting General Counsel rescinded this General Counsel Memorandum (NLRB Gen. Counsel Mem. GC 21-02, Rescission of Certain General Counsel Memoranda (Feb. 1, 2021)).

June 17, 2020: The Office of the General Counsel of the NLRB published Memorandum GC 20-08 providing instructions regarding how Regions are to proceed during investigations in connection with securing the testimony of former supervisors and former agents, and how audio recordings should be dealt with during investigations. UPDATE: On February 1, 2021, the NLRB Acting General Counsel rescinded this General Counsel Memorandum (NLRB Gen. Counsel Mem. GC 21-02, Rescission of Certain General Counsel Memoranda (Feb. 1, 2021)).

June 3, 2020: The Office of the General Counsel of the NLRB issued Memorandum OM 20-10, which includes a chart prepared to assist regions and the parties in determining pre-election hearing dates as well as due dates for Statements of Position and Responsive Statement of Position for RC, RD, and RM petitions with service dates from June 1, 2020 through May 28, 2021 that do not present unusually complex issues.

June 3, 2020: The Office of the General Counsel of the NLRB released Memorandum OM 20-10 providing that, except in cases presenting unusually complex issues, the pre-election hearing in RC, RD and RM cases will be scheduled for 14 business days from the date of service of the Notice of Representation Hearing.