Dear Littler: We are a multi-state manufacturing company with facilities throughout the United States. Like many companies, we have experienced a great deal of employee turnover in the last few years. Many of our employees are immigrants. As we are advertising for and hiring new employees, can we require
Archives for November 2022
‘Tis the Season… to Consider ESG Investments in Your 401(k) Plan
We recently summarized the regulatory back and forth of the past few years relating to environmental, social, and corporate governance (“ESG”) factors and their impact on ERISA retirement plans and the fiduciaries that oversee them.
As expected, the Biden administration released a proposed rule last year that re-opened the door
Work Visas and One International College Athlete’s Slam Dunk on His Name, Image, and Likeness Rights
A basketball player from the Dominican Republic could be the first prospective National Collegiate Athletic Association (NCAA) athlete to secure an O-1 temporary work visa for those with “extraordinary ability” in athletics to allow him to profit from his name, image, and likeness (NIL) while in school. The move comes
WOTC Demystified
What if you could offset some of the cost of hiring without impacting your applicant experience or burdening your hiring managers? It sounds like a dream, but it can be done with a properly managed process around the Work Opportunity Tax Credit (WOTC). What’s WOTC?
The Work Opportunity Tax Credit
NCAA Rules to Be Aware of Before Reaching an NIL Deal
The National Collegiate Athletic Association (NCAA) recently issued new guidance regarding name, image, and likeness (NIL) endorsement deals with college athletes. The NCAA’s most recent guidance aims to provide clarity on NIL rules and is important for all businesses entering NIL deals with collegiate athletes, as well as colleges
If There Is a Constitutional Right to Earn a Living, What Happens to OSHA?
Though the Fifth Circuit affirmed the district court’s judgment in its entirety in Golden Glow Tanning Salon, Inc. v. City of Columbus, Mississippi, Judge James C. Ho’s concurrence raised an interesting issue of whether there is an unenumerated constitutional right to work that could limit the government’s ability to regulate
DOL Notifies Government Contractors That It Intends to Disclose EEO-1 Data for Nonobjectors
We recently reported on a Freedom of Information Act (FOIA) request covering government contractors’ 2016–2020 Type 2 EEO-1 reports announced in the Federal Register, pursuant to which contractors had until October 19, 2022, to object to the disclosure of their data. The requesting investigative reporter and nonprofit news organization subsequently
New Cal/OSHA Non-Emergency COVID-19 Regulation Likely Effective on January 1, 2023
As you may recall, the Cal/OSHA Standards Board met on November 17, 2022, to discuss whether to revise the proposed non-emergency COVID-19 regulation that the Board will vote to approve at its next meeting on December 15, 2022.
How Retail Employers Can Comply with OSHA’s Heat Rule During the Cold Months
Employers are apt to focus on OSHA’s heat-related enforcement rules when temperatures are high, but protecting workers from heat hazards is critical throughout the year when fluctuations in temperature changes are unsafe.
What Retailers Can Do to Protect Employees From Workplace Violence During the Holiday Season
During the busy holiday season, retailers work harder than any other time of the year and, consequently, can experience an uptick in workplace incidents involving customer and coworker misbehavior.
Ladder Safety: Dos and Don’ts for the Retail Industry
Maintaining a competitive edge in the brick and mortar retail space can involve taking risks—having employees use ladders in day-to-day operations is one most retailers cannot avoid.
Monique Warren Authors “Reminder: Dec. 27 Is Deadline for Mandatory Rx Data Reporting”
Monique Warren authors “Reminder: Dec. 27 Is Deadline for Mandatory Rx Data Reporting,” published by SHRM.
Kathryn Russo Comments on Changes in Marijuana State Laws Affecting Drug Testing Policies
Kathryn Russo comments on recent changes to marijuana state laws and how they may potentially affect future workplace drug testing policies in “Four questions employers need to ask themselves about their marijuana and drug testing policies,” published by Charlotte Business Journal.
Goldberg Segalla Welcomes Terrence L. Mitchell
Goldberg Segalla added Terrence L. Mitchell to the firm’s Employment and Labor group in Princeton.
New York Enacts Law Stating Workers Shall Not Be Punished For Lawful Absences
Governor Kathy Hochul was elected to a full term less than two weeks ago, and she continues to advance legislation that affects New York businesses.