Using treaty of commerce and navigation visas as a possible option for manufacturing companies searching for talent is a great way for manufacturing companies to explore. Companies with affiliates abroad have another option: the L-1 visa.
Articles on U.S. Labor, Employment, Benefits & Immigration Law
Beltway Buzz, May 13, 2022
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Supreme Court to Consider Interplay of ERISA and Local “Play-or-Pay” Laws
The Employee Retirement Income Security Act of 1974 (“ERISA”) aims to balance the dual policies of (1) ensuring fair and prompt enforcement of rights under employee benefit plans, and (2) encouraging the creation of such plans. To strike this balance, ERISA pairs comprehensive rules regarding fiduciary responsibility with federal causes
Can an employer require two calls from an employee to request FMLA leave?
Sometimes employers’ policies will require an employee to notify more than one person about taking FMLA leave. This can be for very legitimate reasons. It might be that an employee is required to notify a supervisor and HR. Or, an employee might be asked to notify a Third Party Administrator (commonly abbreviated as a TPA), in addition to someone at the company. Although some courts have upheld an employer’s right to require an employee to notify multiple parties about FMLA leave, others have limited employer options.
NCAA Makes Next Play in Attempt to Limit Name, Image, and Likeness Activity
For the first time since the NCAA issued its Interim Name, Image and Likeness (NIL) Policy on July 1, 2021, the NCAA Board of Directors issued new guidance in an attempt to place some limits on the involvement of boosters in the rapidly growing NIL landscape.
The new guidance, issued
EEOC, DOJ Warn Artificial Intelligence in Employment Decisions Might Violate ADA
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic decision-making processes to make employment decisions could result in unlawful discrimination against applicants and employees with disabilities.
Clarification on OFCCP’s New Compensation Directive 2022-01
Speaking to the Institute For Workplace Equality during its 2022 Annual Summit in Washington D.C., personnel from the U.S. Department of Labor Solicitor’s office (OFCCP’s attorneys) clarified the intent of the Agency’s new Compensation Directive 2022-01. Speaking to conference attendees, Beverly Dankowitz, Associate Solicitor for the Civil Rights and Labor-
Dealing With Undocumented Workers In ERISA Plans
Whether because of the tight U.S. labor market or flawed onboarding processes, many undocumented workers are becoming participants and accruing benefits in ERISA-governed employee benefit plans. Dealing with such plan participation adds yet another layer of administrative difficulty and legal exposure for employers who hire employees not authorized to work
Modernization of Manufacturers: Safety and Cybersecurity Issues
Like many other industries, manufacturing has been hit hard with labor shortages. As of April 2022, U.S. factory activity reportedly is at its slowest pace in more than 18 months. Consequently, many factories seek more agility from artificial intelligence and other automated processes to better manage disruptions and uncertainty.
Transportation Industry Alert: Second Circuit Narrowly Construes FAA’s Transportation Workers Exemption
Executive Summary: What employees qualify as “transportation workers” such that they are exempt from the Federal Arbitration Act (FAA)? The Second Circuit endeavored to answer that question on May 5, 2022, in an important case for employers. Bissonnette v. LePage Bakeries Park St., LLC (2d Cir. 2022). Although the decision included quite a bit of dictum (discussion not essential to the holding), the court ultimately concluded that deliverers of baked goods did not qualify for the transportation worker exemption, and the plaintiffs’ claims were subject to arbitration under the FAA.
Hiring Minors: How to Stay Out of Trouble
In this episode, Jen helps employers understand their legal obligations when hiring minors. With summer quickly approaching, this topic is critical for anyone who hires employees of any age who are still in school.
Drug Overdoses in 2021 at Highest Level on Record According to CDC, Driven By Opioids
The Centers for Disease Control and Prevention (CDC) published data on May 11, 2022 concluding that drug overdoses in 2021 reached the highest levels on record. CDC stated that an estimated 107,622 drug overdose deaths occurred in the United States in 2021, largely driven by opioids. This figure is a
Extensions and Changes to Form I-9 COVID-19 Compliance Rules
The Immigration Reform and Control Act (IRCA) of 1986 requires all U.S. employers to complete a Form I-9 upon hiring a new employee to work in the United States. Civil and criminal fines and penalties may be imposed on a business for employing undocumented workers, and individuals responsible for IRCA compliance can even be held personally liable.
Education Department Seeks Input to Strengthen Section 504 Protections for Students With Disabilities
To start the process of updating the regulations implementing Section 504 of the Rehabilitation Act of 1973, a seminal disability civil rights law that provides protections to elementary, secondary, and postsecondary students, the U.S. Department of Education’s Office for Civil Rights (OCR) has announced that it will solicit public recommendations from students and their advocates and hold listening sessions to determine ways to improve the current regulations to achieve the present-day needs of America’s students with disabilities.
Kentucky Man Fired Following Panic Attack in Response to Unwanted Birthday Party Receives $450,000
In 2019, a Kentucky man was fired after having a panic attack in response to an unwanted office birthday celebration. Kevin Berling had been working for Gravity Diagnostics for about 10 months when he asked his manager not to plan any sort of party or celebration for his upcoming
Social Profiles