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Tech startup companies often choose to compensate or incentive employees with some form of equity to conserve precious cash. Compensating employees with equity acts as an incentive for employees to work hard to get the company's product ready for market, with a potential big payoff down the road. But determining what kind of equity compensation is right for a particular business can be difficult a...

It's no secret that the statutory deck under ERISA is stacked heavily in favor of multiemployer pension plans and against employers contributing to—or withdrawing from—Taft-Hartley trust funds. Construction employers should take demands for withdrawal liability seriously. The failure to strictly adhere to statutory deadlines can be, and often is, catastrophic by denying an employer the ability to...

The Great Resignation and lasting effects of COVID-19 have retailers fighting for talent. In what continues to be a very tight labor market, employers are enhancing employee benefits offerings hoping to recruit and retain employees. On this episode of We get work™, we discuss out of the box benefit offerings retail employers should consider, including the compliance and tax issues to keep in mind...

The U.S. Supreme Court decisions that were issued in June 2022 had a significant impact on employers, and employers are now looking at implementing policies and practices in response to the decisions. The Court's decisions broadly affected employment in areas such as privacy, benefits, religious accommodation, and gender discrimination. Looking forward, employers should be poised to act quickly to...

Recent Supreme Court decisions, congressional primaries and economic issues have resulted (at times) in contentious and polarizing discussions inside and outside the workplace. These recent events and related social movements remind us how tenuous the balance remains between free speech and a safe, harmonious workplace. What should an employer do?

The United States Supreme Court held that California's Private Attorneys General Act rule is preempted by the Federal Arbitration Act to the extent California precludes division of PAGA actions into individual arbitrable claims and non-individual, non-arbitrable claims. On this episode of We get work™, we discuss the ramifications for PAGA actions in California now that the Supreme Court's decisio...

While June is a month to celebrate our Pride, it is also a time to reflect on the importance of coming out in the workplace and how all employees have a critical role to play as allies to LGBTQ staff, clients and community. On this episode of We get work™, we will explore coming out in the workplace and allyship through shared personal journeys and how to build a roadmap for allyship in your organ...

The Occupational Safety and Health Administration has issued a new indoor and outdoor heat enforcement initiative impacting over 70 high risk industries. With the goal of mitigating employee exposure to heat hazards in the workplace, the agency intends to ramp up its efforts by increasing inspections and enforcement activity across the targeted industries.

Employers searching for skilled workers should not overlook the powerful, but somewhat obscure immigration tool–the E visa. While use of this visa is dependent on certain treaty laws, qualifying organizations may employ the E visa to hire employees which can provide needed options for companies to replace employees in the post-pandemic economic marketplace. On this episode of We get work™ we share...

On March 30, 2022, the U.S. Supreme Court heard an oral argument in Viking River Cruises, Inc. v. Moriana  to decide whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including claims under California's Private Attorneys General Act (PAGA).

Congress recently passed Omnibus spending legislation that includes reauthorization of the EB-5 Immigrant Investor Regional Center Program which has been suspended since June 2021. The EB-5 program has provided foreign direct investment to the U.S. while providing green cards to foreign nationals in return. The reauthorization of the program will help U.S. developers access capital from overseas w...

Welcome and thank you for joining us for this special edition of We Get Work, live from Miami, Florida and CCC2022, Jackson Lewis' premier workplace law conference. What follows are three short episodes on the impact of the pandemic and how it continues to shape workplace law, including our plenary session on COVID-19 trends, our program on the pandemic's influence on gender equity in the workplac...

Welcome and thank you for joining us for this special edition of We Get Work, live from Miami, Florida and CCC2022, Jackson Lewis' premier workplace law conference. Next up: a summary of our sessions employee benefits and the far flung workforce--how COVID-19 and current legislation are changing the value proposition for employee benefits, preparing for fast moving mandates and capitalizing on opp...

Welcome and thank you for joining us for this special edition of We Get Work, live from Miami, Florida and CCC2022, Jackson Lewis' premier workplace law conference. What follows are two short episodes on the Diversity, Equity and Inclusion plenary session and the attorney wellness presentation—programs that reinforce that employers should continue to prioritize human capital in 2022 and beyond.

Welcome and thank you for joining us for this special edition of We Get Work, live from Miami, Florida and CCC2022. What follows are conversations on the programs focused on three of the firm's core practices since its founding in 1958: labor relations, class action litigations and the trials and appeals practice. Also included is a summary of our spotlight on California, presented by our resource...

H-2B visas for temporary nonagricultural workers present many challenges for employers seeking to bolster their workforce. As the labor market continues to change as a result of the pandemic, employers should understand the H-2B process and pitfalls with the program. On this episode of We get work™, we provide an overview of the H-2B visa and discuss whether this is a tool that employers can consi...

Appointing justice to the United States Supreme Court is a decision that has an immediate and potentially decades-long impact on Supreme Court jurisprudence, as well as a lasting impact on a president's legacy. On this episode of We get work ™, we discuss President Biden's historic nomination of Judge Ketanji Brown Jackson, and how her background may influence labor and employment law in the years...

The EU Commission has published new Standard Contractual Clauses to facilitate transfers of personal data from the EU to countries lacking an EU adequacy decision, including the U.S. On this episode of We get work™, we discuss these new clauses and how they could apply to various cross-border transfer scenarios, including the transfer of human resource data in the technology industry.

As the COVID-19 workplace begins its third year, employers working on federal contracts must understand updated I-9 compliance and their I-9 and E-Verify responsibilities when employees relocate or work remotely. On this episode of We get work™, we discuss employers immigration compliance requirements in obtaining visas for international personnel, avoiding common I-9 pitfalls, and the importance...

Non-solicitation clauses in physician shareholder and employment agreements are under increased scrutiny, and enforcement actions concerning non-solicitation covenants are on the rise. On this episode of We get work ™, we discuss how employment agreements and enforcement actions make it difficult for healthcare employers to recruit critical physician talent, while protecting their competitive post...

As we enter the third year of the pandemic, change continues to be the one constant for employers. This episode in The Year Ahead series features a Q&A discussion with coleaders of Jackson Lewis' Healthcare, Manufacturing, Retail and Technology industry groups who will share insights on how industries are addressing the challenges seen in 2021 and offering best practices to stay compliant and miti...

As we enter the third year of the pandemic, change continues to be the one constant for employers. On this episode of The Year Ahead series, we discuss the interplay of government driven vaccine mandates and the ensuing impacts on employers, including labor shortages and union organizing, as well as potential liabilities employers could face as a result. 

As we enter the third year of the pandemic, change continues to be the one constant for employers. On this episode of The Year Ahead series, we focus on DEI in the workplace, identifying the common misconceptions and mistakes organizations may make when approaching diversity, equity and inclusion and offering best practices to ensure equitable representation and treatment in all areas of the organ...

As we enter the third year of the pandemic, change continues to be the one constant for employers. On this episode of The Year Ahead series, we focus on the shifting regulatory landscape, identifying the provisions in large scale legislation impacting employers and the current climate at influential regulatory bodies like the EEOC and NLRB. 

Construction companies bidding on IIJA projects hope to get a piece of the billions of dollars allocated to infrastructure projects. However, with the government funding comes more requirements and obligations. On this episode of We get work™, we discuss the affirmative action obligations companies receiving federal dollars are required to meet, and how affirmative action obligations differ for co...