Judges, past finalists among candidates for top Kansas court

Law Firm News

Two members of the Kansas attorney general's staff who were finalists for a previous appointment and four lower-court judges are seeking to fill a vacancy on the state Supreme Court.

A lawyer-led state nominating commission is scheduled to interview 17 candidates for the high court Jan. 16 and 17. The commission will name three finalists for Democratic Gov. Laura Kelly to consider, and she will have until March 17 to pick one.

The vacancy was created by former Supreme Court Chief Justice Lawton Nuss' retirement last week. The next senior justice, Marla Luckert, became chief justice.

It will be Kelly's second appointment to the seven-member court within three months. Last week, the governor appointed Shawnee County District Judge Evelyn Wilson to replace retired Justice Lee Johnson.

The two finalists for that spot were Deputy Attorney General Dennis Depew and Assistant Solicitor General Steven Obermeier.



Court: Airline’s workers can’t sue as class in pay dispute

American Airlines workers at Newark’s airport who claim in a lawsuit they’ve been shorted on overtime pay can’t sue as a class, a federal appeals court ruled this week.

The three-judge panel’s decision published Tuesday reversed a New Jersey judge’s ruling that would have allowed the lawsuit to go forward and include all non-exempt hourly workers employed at Newark Liberty International Airport since April 2014.

Several employees, including mechanics and workers responsible for tasks such as cargo handling, filed the suit in 2016 and said American’s timekeeping system automatically paid employees based on their schedules rather than on the hours they actually worked.

They also alleged managers regularly refused to authorize overtime pay for work performed before and after scheduled shifts and during scheduled 30-minute lunch breaks. The lawsuit sought back pay as well as punitive damages. American denied the allegations.

The appeals court sided with the airline, which argued that while the timekeeping system applied to all employees, it would be wrong to group all employees into a class because it would have to be determined on a case-by-case basis which employees worked overtime.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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