We get work®

Welcome and thank you for joining us for this special edition of We Get Work, live from Jackson Lewis' Corporate Counsel Conference, CCC2023, at the Waldorf Astoria Monarch Beach resort in Orange County, California. What follows are high level conversations on conference programs and why they were important topics to present now.

Welcome and thank you for joining us for this special edition of We Get Work, live from Jackson Lewis' Corporate Counsel Conference, CCC2023, at the Waldorf Astoria Monarch Beach resort in Orange County, California. What follows are high level conversations on conference programs and why they were important topics to present now.

The Occupational Safety and Health Administration's (OSHA) new guidance promises steeper penalties for employers to prevent workers from being exposed to life-threatening hazards.

The Biden Administration's prudence in selecting plan investments and exercising shareholder rights rule allows plan fiduciaries to consider environmental, social, and governance (ESG) factors when selecting retirement plan investments.  As anticipated in the podcast, President Biden vetoed the legislation blocking his administration's rule regarding ESG and employer-sponsored retirement plan inve...

Union organizing in the technology industry—particularly in the video gaming industry is increasing—and diversifying. Labor unions now have a new target: developers and testers.

The government leverages False Claims Act litigation against healthcare organizations as its most effective tool in combating fraud. Employers should prioritize minimizing exposure to qui tam actions and retaliation claims.

Life sciences employers are being asked to demonstrate how they manage risks and opportunities related to environmental, social, and governance—or ESG issues.

With a White House and NLRB that are more pro-labor than most recent past administrations, a "labor renaissance" will be the overarching theme of 2023. Jackson Lewis principals Laura A. Pierson-Scheinberg and Felice B. Ekelman discuss what employers could or should do, especially since the "renaissance" is less governmental and more groundswell. 

As courts increasingly enforce applicable state and local laws that make marijuana legal instead of the federal law that makes it illegal, workplace substance abuse policies need a re-look. Jackson Lewis principals Catherine Cano and Kathryn Russo share insights on how the rapidly proliferating laws protecting marijuana and CBD are making marijuana issues for employers more complex.

The advanced technologies that facilitated much of the organizational productivity and business profitability during the pandemic will continue to raise legal and compliance issues in 2023. Listen as Jackson Lewis principals Jason C. Gavejian and Joseph J. Lazzarotti discuss the top issues data collection and use are causing for employers. 

Organizing and strike activity will continue its upward trajectory in 2023. Jackson Lewis principals Richard F. Vitarelli and Jonathan J. Spitz say macroeconomic factors (e.g., pay, staffing, health safety), a labor-leaning NLRB GC, and pro-union earmarks in government contracts are fueling the trend across the country. 

In what is likely the busiest time for workforce reductions since the pandemic began, employers should engage in longer-term, strategic thinking about how to adjust staffing levels. Jackson Lewis principals Michael Jakowsky and Isaac J. Burker offer best practices for WARN and disparate impact analyses.

New rulemaking to raise the salary level for exempt employees and an expected final DOL rule that is expected to make classifying workers as independent contractors less easy will be top-level topics in 2023. Jackson Lewis principals Jeffrey W. Brecher and Justin R. Barnes discuss the novel legal challenges likely to arise and how employers can prepare.

The sky is not yet falling for non-competes. Jackson Lewis principals Clifford R. Atlas, Daniel J. Doron and Erik J. Winton say the FTC's  four varieties of alternatives to its own proposed rules suggests now is the time for employers to read the room and address any potential issues.

Benefits beyond the usual medical, dental and vision will continue to occupy HR ideas and initiatives in 2023. Jackson Lewis principals Joy Napier-Joyce and Melissa Ostrower note that employers will be proactive, formalizing and distributing policies focused on both retention through benefits and recession should one materialize. 

OSHA enforcement and regulatory rulemaking will be big in 2023. Jackson Lewis principals and former feds Courtney M. Malveaux and Melanie L. Paul say  heat illnesses, infectious disease standards,  electronic recordkeeping requirements, and higher fines are just some of the action areas for which employers need to prepare.

Even though workplace conversations about mental health and wellness have become more acceptable, most employers are not therapists. Jackson Lewis principals Michael Griffin and Michael Thomas discuss how employers can establish a better baseline beyond legal obligations to reap the benefits that come from a workplace where employees are healthy, show up fully and thrive.

Employers can expect to face a rash of requests that reflects rising employee IQ regarding what can be accommodated beyond the usual disability and religious considerations. In this podcast, Jackson Lewis principals Patricia Anderson Pryor and Katharine C. Weber explore the context and challenges of this expanding accommodations environment. 

The push for fuller transparency continues in 2023, with new state laws coming into effect and the possibility of federal-level activity. Jackson Lewis principals Laura A. Mitchell and Margaret J. (Peggy) Strange cover the compliance complexity of such a patchwork and address the best thing employers can do right now. 

Avoiding workplace hazards in the construction industry may be next to impossible, but it's critical to ensure the health and safety of employees as well as maintaining compliance with potentially dangerous OSHA regulations.

All hotels aspire to provide their guests with top-quality service no matter the location or type of establishment. As guests resume—and ramp up—their business and personal travel post-COVID-19, all establishments must be prepared to accommodate individuals with disabilities. Ensuring grounds, sleeping rooms, bathrooms, and websites are accessible goes beyond simply maintaining legal compliance.

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. However, preventing and reducing ladder-related accidents and injuries is essential to keeping your workers and customers safe.

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.

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.

California is pushing the pay envelope to enhance transparency and pay equity for employees in the state. Effective January 1, 2023, Senate Bill 1162 requires California companies with 15 or more employees to include the pay scale for the position in every job posting, and to report additional information on their employees' pay and diversity to the California Civil Rights Division.