Podcasts about labor dol

Nearly every day, on any news service, images of people being quickly led away is chilling as the current Administration continues its sweep of rounding up and deporting suspected illegal immigrants.Thus, in this current climate of increased audits, investigations and scrutiny on immigration, it is essential that healthcare organizations sponsoring foreign nationals for employment, ensure that documentation, policies, and practices are updated and fully compliant.During the next live edition of the venerable Monitor Mondays live Internet radio broadcast, seasoned immigration attorney Matthew Webster will walk you through such essential issues as H-1B visas, L-1 visas and employment-based green cards. Webster is also expected to report on requirements from the Department of Labor (DOL) and the United States Citizenship and Immigration Services (USCIS).Webster, senior immigration attorney at the law firm of Fredrikson & Byron, will discuss the impact of material changes when H-1B amendments are required.The long-running broadcast will also include these instantly recognizable features:• Monday Rounds: Ronald Hirsch, MD, vice president of R1 RCM, will be making his Monday Rounds.• Risky Business: Healthcare attorney David Glaser, shareholder in the law offices of Fredrikson & Byron, will join the broadcast with his trademark segment.• Legislative Update: Matthew Albright, chief legislative affairs analyst for Zelis, will report on congressional action taking place in Washington, D.C.

In episode 197, Coffey talks with Adam Dougherty about angry ex-employees and new ways to get sued. They discuss managing post-termination communications from angry ex-employees; responding to threats of litigation; the importance of good people practices when faced with litigation threats; new causes of discrimination claims following last year's Supreme Court Muldrow v. City of St. Louis decision; and the wisdom of always assuming a decision that doesn't go an employees way may constitute an "adverse employment action.” Links to stuff they talked about are on our website at https://goodmorninghr.com/EP197 and include the following topics: -          Evil HR Lady: Former Employee Threatens Lawsuit. How should HR respond?-          Bloomberg Law: Justices' New Bias Test Puts Performance Reviews in Legal Bind Good Morning, HR is brought to you by Imperative—Bulletproof Background Checks. For more information about our commitment to quality and excellent customer service, visit us at https://imperativeinfo.com.  If you are an HRCI or SHRM-certified professional, this episode of Good Morning, HR has been pre-approved for half a recertification credit. To obtain the recertification information for this episode, visit https://goodmorninghr.com.  About our Guest: Adam Dougherty is board certified in labor and employment law by the Texas Board of Legal Specialization. Adam counsels employers throughout Texas and the United States on a daily basis concerning a multitude of cutting edge and high stakes employment advice matters including terminations disciplinary actions and leave and accommodation issues  Adam also regularly prepares handbooks personnel policies noncompete agreements employment agreements and complex separation agreements In addition to litigating in state and federal courts and arbitration proceedings on various discrimination FLSA and noncompete matters he also regularly appears before the Equal Employment Opportunity Commission EEOC US Department of Labor DOL and various state agencies Adam also conducts antiharassment and antidiscrimination training and workplace investigations. In addition to representing companies all across the state of Texas Adam also maintains a national and international practice representing companies operating in each of the states and across the globe In light of his unique experience representing multi state employers he serves on the Steering Committee of the firm's Multistate Advice and Counseling Practice Group. Adam is cocreator along with Sean Urich of “Monthly Conversations with Adam and Sean” an interactive employment law briefing held regularly in Dallas for legal and HR professionals The briefings are also broadcast live to a national and international audience See recent topics and other presentations in “Speeches” below. Adam is a volunteer with DallasHR and has also served as the Co-President of the Shelton School Dads' Group the past president of the University of Arkansas School of Law's National Alumni Association and as a coach of his daughters' basketball and softball teams. Adam Dougherty can be reached at https://www.linkedin.com/in/adam-dougherty-6946aa2/ About Mike Coffey: Mike Coffey is an entrepreneur, licensed private investigator, business strategist, HR consultant, and registered yoga teacher.In 1999, he founded Imperative, a background investigations and due diligence firm helping risk-averse clients make well-informed decisions about the people they involve in their business.Imperative delivers in-depth employment background investigations, know-your-customer and anti-money laundering compliance, and due diligence investigations to more than 300 risk-averse corporate clients across the US, and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.Imperative has been named a Best Places to Work, the Texas Association of Business' small business of the year, and is accredited by the Professional Background Screening Association. Mike shares his insight from 25+ years of HR-entrepreneurship on the Good Morning, HR podcast, where each week he talks to business leaders about bringing people together to create value for customers, shareholders, and community.Mike has been recognized as an Entrepreneur of Excellence by FW, Inc. and has twice been recognized as the North Texas HR Professional of the Year. Mike serves as a board member of a number of organizations, including the Texas State Council, where he serves Texas' 31 SHRM chapters as State Director-Elect; Workforce Solutions for Tarrant County; the Texas Association of Business; and the Fort Worth Chamber of Commerce, where he is chair of the Talent Committee.Mike is a certified Senior Professional in Human Resources (SPHR) through the HR Certification Institute and a SHRM Senior Certified Professional (SHRM-SCP). He is also a Yoga Alliance registered yoga teacher (RYT-200) and teaches multiple times each week. Mike and his very patient wife of 28 years are empty nesters in Fort Worth.   Learning Objectives: 1.       Implement proper communication protocols when terminated employees threaten litigation, including directing all communications to one person and preserving relevant documentation.2.       Document performance improvement plans thoroughly and follow through on scheduled check-ins to avoid undermining the company's position in potential litigation.3.       Anticipate more claims under the expanded definition of "adverse employment action" following the Muldrow decision by carefully reviewing workplace decisions that might affect employee status or opportunities.

Bonus Episode of the FSR Sarc Fighter podcast.  In this bonus episode of the FSR Sarc Fighter podcast -- a reminder of the fantastic progress that has been made when it comes to making it possible for people to participate in clinical trials.  Thanks to the tireless work of the team at the Foundation for Sarcoidosis Research and the support of Mallinckrodt Pharmaceuticals and Boehringer-Ingelheim, it is now much easier to say "Yes" if you want to participate.  Thanks to their work, participation is now covered under FMLA - meaning you can take time off from work to go to the doctor or the clinic without fear of losing your job.  This is a huge win for researchers and all of us in the rare disease community.  Listen also as Sarc fighter Karen Colemen tells us how sarcoidosis has slowed her dancing.   Show notes: News Release on protection for clinical trial participants: https://www.globenewswire.com/news-release/2024/11/16/2982368/0/en/Foundation-for-Sarcoidosis-Research-FSR-receives-confirmation-from-the-Department-of-Labor-DOL-ensuring-patient-access-to-FMLA-for-participation-in-clinical-trials.html   Watch the Externally-Led Patient Focused Discussion before the FDA: https://www.stopsarcoidosis.org/pfdd/ MORE FROM JOHN: Cycling with Sarcoidosis http://carlinthecyclist.com/category/cycling-with-sarcoidosis/ Biking 4 Boomers on Tic Tok. https://www.tiktok.com/@biking.4.boomers Do you like the official song for the Sarc Fighter podcast?  It's also an FSR fundraiser! If you would like to donate in honor of Mark Steier and the song, Zombie, Here is a link to his KISS account.  (Kick In to Stop Sarcoidosis)  100-percent of the money goes to the Foundation.  https://stopsarcoidosis.rallybound.org/MarkSteier The Foundation for Sarcoidosis Research https://www.stopsarcoidosis.org/ Donate to my KISS (Kick In to Stop Sarcoidosis) fund for FSR  https://stopsarcoidosis.rallybound.org/JohnCarlinVsSarcoidosis?fbclid=IwAR1g2ap1i1NCp6bQOYEFwOELdNEeclFmmLLcQQOQX_Awub1oe9bcEjK9P1E My story on Television https://www.stopsarcoidosis.org/news-anchor-sarcoidosis/ email me  carlinagency@gmail.com        

In today's episode we explore the complexities faced by contractors when taking over projects. We talk about the difficulties contractors encounter when accessing employee files from incumbent contractors who have lost the contract. Privacy issues arise, making it challenging for the new contractor to receive necessary assistance or information.  We delve into a case from the Obama administration, where a contractor had to engage in extensive litigation and deposition to prove that a worker deemed unqualified by the agency was indeed ineligible for employment. Today's conversation highlights how the Department of Labor (DOL) plays a crucial role in addressing complaints under the Service Contract Act, being the sole outlet for workers seeking to hold contractors accountable or vindicate their rights. Tune in now to gain insights into the intricate challenges faced by contractors in managing workforce transitions, navigating privacy concerns, qualifications, and the legal processes involved in the Service Contract Act.

This week, we're covering a change in leadership at the U.S. Department of Labor (DOL), the reinstatement of National Labor Relations Board (“NLRB” or “Board”) member Gwynne Wilcox (restoring a crucial quorum), and the Equal Employment Opportunity Commission's (EEOC's) focus on new enforcement priorities. New Leadership at the DOL Lori Chavez-DeRemer was sworn in as the U.S. Secretary of Labor on March 11, 2025, after receiving bipartisan support from the Senate. Secretary Chavez-DeRemer, a former congresswoman with strong backing from organized labor, is generally viewed as a centrist figure. NLRB Quorum Restored—for Now President Trump made waves when he fired NLRB member Gwynne Wilcox shortly after taking office. However, on March 6, a federal judge in the District of Columbia held that Wilcox was “illegally” fired and instructed the NLRB Chair to restore Wilcox's access to the Board and allow her to serve out the remainder of her five-year term. EEOC's New Enforcement Priorities  While many had anticipated a reduction in EEOC enforcement under the new administration, a series of announcements indicate that the agency is instead shifting its priorities and stepping up investigations in new areas, such as anti-American bias, antisemitism, and binary sex and related rights. Additionally, the EEOC has recently issued letters to 20 major law firms, raising concerns about their diversity and inclusion programs. The agency is investigating whether these programs may involve unlawful disparate treatment or classification based on race, sex, or other protected characteristics, in potential violation of Title VII of the Civil Rights Act of 1964. Employers should take note, as this development may signal a broader enforcement strategy. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw382 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

On this episode of the Iowa Manufacturing Podcast, Dani Smid, Partner at BrownWinick Law Firm, breaks down the latest employment law changes manufacturers need to prepare for under the new administration. She covers anticipated shifts in policies from the National Labor Relations Board (NLRB), Equal Employment Opportunity Commission (EEOC), and Department of Labor (DOL), along with evolving DEI strategies. Dani also addresses a critical topic for manufacturers: what to do if ICE shows up—whether for a raid or an audit. She provides a three-page document outlining the necessary steps to protect your business in these situations. Dani predicts a more employer-friendly legal environment, giving manufacturers more flexibility in HR policies, labor negotiations, and compliance strategies. However, with these changes come new considerations for workplace policies, union relations, and labor enforcement actions. Tune in for expert insights on navigating the shifting legal landscape and ensuring your business is prepared for what's ahead. Hear the full show: https://iowapodcast.com/dani-smid-new-LRB-EEOC-laws-trump   

This week, we're highlighting notable employment law updates from federal agencies and the courts, including the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), and the U.S. Court of Appeals for the Fifth Circuit. EEOC Releases FAQs on the State of the Agency The EEOC, under the leadership of Acting Chair Andrea Lucas, recently released answers to frequently asked questions (FAQs) following President Trump's series of executive orders affecting the agency.  DOL Halts OFCCP Activity Under Rescinded Executive Order Acting Secretary of Labor Vince Micone recently issued an order directing the Office of Federal Contract Compliance Programs (OFCCP) to stop all enforcement activity under rescinded Executive Order 11246.  DOL Independent Contractor Rule Paused The Fifth Circuit recently granted the DOL's request to delay oral arguments, and it seems likely that the independent contractor rule will be short-lived. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw378 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

What could a second Trump administration mean for HR and labor law? In this episode ofWhat the Heck is Happening in HR?, we break down the key nominations shaping the future of the Department of Labor (DOL) and beyond. We'll explore Keith Sonderling's nomination for Deputy Labor Secretary, Lori Chavez-DeRemer's stance on protecting the PRO Act, and potential shifts in the National Labor Relations Act.We also discuss the Payroll Audit Independent Determination (PAID) program, what changes might come to the General Counsel for the National Labor Relations Board, and how AI is poised to become a priority in the DOL's future policies. Tune in to learn what these changes could mean for HR professionals and how to stay ahead of upcoming labor law developments.⁠Learn more about CTPE⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Podcast Disclaimer⁠⁠⁠⁠⁠⁠#USF #Business #Upskill #Reskill #HR #2025 #Employee #President #Nomination #Nominee #LaborPolicy #DepartmentOfLabor #HRCompliance #WorkplaceLaw #KeithSonderling #LoriChavezDeRemer #PROAct #NLRB #PayrollAudit #ArtificialIntelligence #HRTrends #EmploymentLaw #FutureOfWork #HRLeadership

It's early January and I'm starting a new job -- reflecting on both my early days and the days and years ahead -- while pondering what it all means with sarcoidosis lurking in the background.        Show notes: Kerry Wong on The new Netflix show No Good Deed:   https://sarcoidosisnews.com/columns/sarcoidosis-storyline-netflixs-no-good-deed-true-patients/ Kerry Wong appears on Episode 10: https://beatsarc.podbean.com/e/episode-10-kerry-wong-talks-about-how-sarc-stole-her-life/ News Release on protection for clinical trial participants: https://www.globenewswire.com/news-release/2024/11/16/2982368/0/en/Foundation-for-Sarcoidosis-Research-FSR-receives-confirmation-from-the-Department-of-Labor-DOL-ensuring-patient-access-to-FMLA-for-participation-in-clinical-trials.html Gratitude and Giving: https://stopsarcoidosis.rallybound.org/2024-gratitude-campaign/ Center in the Square in Roanoke: https://www.centerinthesquare.org/ Watch the Externally-Led Patient Focused Discussion before the FDA: https://www.stopsarcoidosis.org/pfdd/ MORE FROM JOHN: Cycling with Sarcoidosis http://carlinthecyclist.com/category/cycling-with-sarcoidosis/ Biking 4 Boomers on Tic Tok. https://www.tiktok.com/@biking.4.boomers Do you like the official song for the Sarc Fighter podcast?  It's also an FSR fundraiser! If you would like to donate in honor of Mark Steier and the song, Zombie, Here is a link to his KISS account.  (Kick In to Stop Sarcoidosis)  100-percent of the money goes to the Foundation.  https://stopsarcoidosis.rallybound.org/MarkSteier The Foundation for Sarcoidosis Research https://www.stopsarcoidosis.org/ Donate to my KISS (Kick In to Stop Sarcoidosis) fund for FSR  https://stopsarcoidosis.rallybound.org/JohnCarlinVsSarcoidosis?fbclid=IwAR1g2ap1i1NCp6bQOYEFwOELdNEeclFmmLLcQQOQX_Awub1oe9bcEjK9P1E My story on Television https://www.stopsarcoidosis.org/news-anchor-sarcoidosis/ email me  carlinagency@gmail.com                      

Sarcoidosis snuck up on Karen Coleman.  A dance instructor, she couldn't figure out why she wasn't keeping up in her jazzercize class.  After plenty of time with doctors and more CAT Scans than she would like, she discovered she was suffering from pulmonary Sarcoidosis.        Show notes: News Release on protection for clinical trial participants: https://www.globenewswire.com/news-release/2024/11/16/2982368/0/en/Foundation-for-Sarcoidosis-Research-FSR-receives-confirmation-from-the-Department-of-Labor-DOL-ensuring-patient-access-to-FMLA-for-participation-in-clinical-trials.html Gratitude and Giving: https://stopsarcoidosis.rallybound.org/2024-gratitude-campaign/ Holiday Pop-up Store: https://shop.printyourcause.com/campaigns/foundation-for-sarcoidosis-research-store/categories/crewnecks?accesstoken=fedd7e11-09bc-4960-9b41-68a91f851484 Center in the Square in Roanoke: https://www.centerinthesquare.org/ Watch the Externally-Led Patient Focused Discussion before the FDA: https://www.stopsarcoidosis.org/pfdd/ MORE FROM JOHN: Cycling with Sarcoidosis http://carlinthecyclist.com/category/cycling-with-sarcoidosis/ Biking 4 Boomers on Tic Tok. https://www.tiktok.com/@biking.4.boomers Do you like the official song for the Sarc Fighter podcast?  It's also an FSR fundraiser! If you would like to donate in honor of Mark Steier and the song, Zombie, Here is a link to his KISS account.  (Kick In to Stop Sarcoidosis)  100-percent of the money goes to the Foundation.  https://stopsarcoidosis.rallybound.org/MarkSteier The Foundation for Sarcoidosis Research https://www.stopsarcoidosis.org/ Donate to my KISS (Kick In to Stop Sarcoidosis) fund for FSR  https://stopsarcoidosis.rallybound.org/JohnCarlinVsSarcoidosis?fbclid=IwAR1g2ap1i1NCp6bQOYEFwOELdNEeclFmmLLcQQOQX_Awub1oe9bcEjK9P1E My story on Television https://www.stopsarcoidosis.org/news-anchor-sarcoidosis/ email me  carlinagency@gmail.com        

This Day in Legal History: President Johnson Impeachment InquiryOn November 25, 1867, the U.S. Congress took a historic step by convening a commission to investigate the potential impeachment of President Andrew Johnson. Johnson, who assumed the presidency after Abraham Lincoln's assassination, had clashed repeatedly with the Republican-controlled Congress over Reconstruction policies aimed at rebuilding the South and securing rights for freed slaves. His lenient approach toward former Confederate states and frequent vetoes of civil rights legislation had alienated many lawmakers. Tensions escalated further when Johnson violated the Tenure of Office Act by attempting to dismiss Secretary of War Edwin Stanton, a move seen as a direct challenge to Congressional authority.The commission's work marked the first time Congress seriously considered removing a sitting president, reflecting deep divisions over how the nation should recover from the Civil War. The inquiry led to the drafting of articles of impeachment, ultimately culminating in Johnson's trial in the Senate in 1868. Johnson narrowly avoided removal from office, surviving by a single vote. The case set important precedents for the balance of power between the executive and legislative branches and highlighted the political weaponization of impeachment during times of national discord.Johnson's impeachment inquiry remains a pivotal moment in U.S. legal history, offering insights into the challenges of governing during a period of profound societal transformation.Donald Trump's legal situation is entering unprecedented territory following his victory in the November 5 presidential election. A Manhattan judge has indefinitely delayed sentencing in the hush money case, where Trump was convicted in May of 34 felony counts for falsifying business records. Prosecutors and defense attorneys both acknowledged the complications of continuing the case as Trump prepares to begin his second term. His lawyers argue the case impairs his ability to govern, calling for its dismissal, while prosecutors agree he should have time to present written motions.The case, centered on hush money paid to Stormy Daniels before the 2016 election, marks the first criminal conviction of a U.S. president. Trump pleaded not guilty and has consistently framed the prosecution as politically motivated. His sentencing had been scheduled for next week, but no new date has been set. Adding to the complexity, Trump's re-election raises logistical and political challenges for sentencing or pursuing a prison term. Legal experts had earlier predicted financial penalties or probation were more likely, but these options now seem even less practical. Meanwhile, Trump faces ongoing state and federal cases, including in Georgia and over classified documents, though his presidency gives him limited ability to halt state prosecutions.This combination of legal peril and political power creates a situation without historical parallel, underlining the extraordinary circumstances surrounding Trump's return to the White House. Trump may seek dismissal of hush money case, sentencing delayed | ReutersThe U.S. Department of Justice is making its closing arguments in the antitrust trial against Google, alleging the tech giant unlawfully monopolized online advertising technology. Prosecutors argue Google dominated markets for publisher ad servers, advertiser networks, and ad exchanges, stifling competition. The trial, which began in September, included testimony from publishers who said they felt locked into Google's ecosystem due to its unparalleled reach and influence over advertising demand.Google counters that the government is misinterpreting antitrust laws, focusing on older business practices, and penalizing the company for innovations that shaped the ad tech market. A ruling against Google could force it to sell key assets, such as Google Ad Manager, which integrates its publisher ad server and ad exchange.This case is part of broader scrutiny, including a separate ruling that Google holds an illegal monopoly in online search. While the advertising case is seen as a lesser financial risk compared to search-related claims, its outcome could reshape the company's ad tech dominance. Google has already proposed selling its ad exchange to appease European regulators, though the offer was deemed inadequate by publishers.Google's US antitrust trial over online ad empire draws to a close | ReutersDonald Trump has nominated Republican Rep. Lori Chavez-DeRemer of Oregon to serve as Secretary of Labor in his upcoming administration. Chavez-DeRemer, a one-term congresswoman and former mayor of Happy Valley, Oregon, would lead the Department of Labor (DOL) in a significant policy shift from the Biden administration's worker-focused enforcement strategies to a more business-oriented approach. If confirmed, she is expected to roll back Biden-era labor regulations, including expanded overtime pay eligibility and stricter rules on gig worker classification.Chavez-DeRemer has a complex political record, blending pro-labor and pro-business stances. Notably, she supported the PRO Act, a union-backed bill opposed by many Republicans and businesses for proposing stricter penalties for labor law violations and federalizing California's strict “ABC” test for classifying workers. This stance earned her the endorsement of Teamsters President Sean O'Brien but has also sparked criticism from business groups, raising questions about her alignment with Trump's agenda. Some industry leaders, citing her support for the PRO Act, have signaled they may oppose her nomination.Beyond labor law enforcement, Chavez-DeRemer would oversee the DOL as it addresses emerging issues such as artificial intelligence's impact on workers. The Biden administration offered preliminary guidance on AI's legal and ethical risks, but substantive regulation remains uncharted territory.Her nomination reflects Trump's intention to appeal to a broader coalition, including workers disillusioned by traditional Republican policies, but it risks alienating key business allies. Trump Taps Rep. Lori Chavez-DeRemer to Head Labor Department (1)Robert F. Kennedy Jr.'s nomination to lead the Department of Health and Human Services (HHS) in Donald Trump's upcoming administration is generating excitement among mass tort lawyers, who view his consumer advocacy and skepticism of corporate power as a potential boon for their work. Kennedy, a former trial attorney with a background in environmental and personal injury cases, has long challenged the pharmaceutical industry and supported stricter regulations on food and drug safety. His confirmation could signal a shift in how HHS agencies, including the FDA and CDC, regulate products and interact with corporate interests.Mass tort lawyers are optimistic that Kennedy's leadership might weaken defenses used by drugmakers in lawsuits and prompt stricter oversight of harmful products. They also see an opportunity for him to address "regulatory capture," the influence of industry over federal agencies, by closing the revolving door between regulatory bodies and companies like Pfizer or Johnson & Johnson. However, Kennedy's controversial stance on vaccines, including criticism of Gardasil and distrust of immunization programs, raises concerns about his potential policies.Kennedy's nomination reflects an unusual alignment of pro-consumer priorities with a Republican administration, complicating predictions about his influence. While some in the plaintiffs' bar welcome his appointment, others note potential conflicts with traditional GOP positions that favor corporate interests. Trump's own unpredictability adds uncertainty about how much leeway Kennedy will have to reshape health regulations. If confirmed, Kennedy would oversee more than 80,000 employees and could influence decisions on drug approvals, liability shields, and existing regulatory frameworks, possibly creating new pathways for litigation against corporate defendants.RFK Jr. as Health Chief Excites Mass Tort Lawyers Eager to Sue This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Historically nurses were not allowed to get work visas through the H1-B visa work program due to educational requirements. The U.S. Department of Labor had set the standard requirements for nurses at a two-year associate's degree level. In contrast, to be eligible for an H-1B visa the profession must require a 4-year degree minimum.  Our Immigration lawyers have worked with nurses, occupational therapists and physical therapists for over 25 years; and all three professions continue to be deemed ‘in shortage' within the United States according to the Department of Labor (DOL).

In this episode, we dive into the complexities of 401(k) plans and the audits conducted by the Department of Labor (DOL). The Employee Benefits Security Administration (EBSA) is the group responsible for investigating and auditing 401(k) plans, which can be a significant challenge for plan sponsors.Key insights discussed:EBSA's investigations recovered an average of $573.5 million annually from FY2019-FY2023, with more than 65% of cases resulting in corrective action.This marks a significant increase from prior years, reflecting the growing impact of these investigations.Join Brian, Ryan, and expert Marc Fowler from 401k provider Human Interest as they explore:What triggers a DOL audit?What happens during a DOL audit?How can employers or plan sponsors prepare for these audits?Who can assist with navigating a DOL audit?Tune in for expert advice on ensuring your 401(k) plan stays compliant and audit-ready.**Connect with Us:**- Subscribe on YouTube: https://www.youtube.com/@fordfinancialgroup- Subscribe to the Casual Friday - Financial Insights podcast: Apple and Spotify- Share your stories or questions:  info@FordFG.com- Find us on the Web: FordFG.comThe opinions voiced in this material are for general information only and are not intended to provide specific advice or recommendations for any individual. All performance referenced is historical and is no guarantee of future results.There is no assurance that the views or strategies discussed are suitable for all investors. To determine which investment(s) may be appropriate for you, consult your financial professional prior to investing. Investing involves risks including possible loss of principal. No investment strategy or risk management technique can guarantee return or eliminate risk. Indexes are unmanaged statistical composites and cannot be invested into directly. Index performance is not indicative of the performance of any investment and do not reflect fees, expenses, or sales charges. The economic forecasts set forth in this material may not develop as predicted.The advisors of Ford Financial Group are Registered Representatives with and securities are offered through LPL Financial member FINRA/SIPC. Investment advice offered through Perennial Investment Advisors, a registered investment advisor. Ford Financial Group and Perennial Investment Advisors are separate entities from LPL Financial. Ford Financial Group, Perennial Investment Advisors, and LPL Financial do not provide tax advice or services.Send in your questions!

This Day in Legal History: Brown v. Board StandsOn September 12, 1958, the U.S. Supreme Court issued a unanimous decision in Cooper v. Aaron, reaffirming the authority of federal courts and rejecting Arkansas's attempt to defy the landmark Brown v. Board of Education ruling. The case arose after Arkansas Governor Orval Faubus and the state legislature openly resisted desegregation, particularly in Little Rock, where African American students were blocked from entering Central High School. Arkansas argued that it was not bound by the Brown decision, claiming state sovereignty over education. The Supreme Court decisively rejected this argument, emphasizing that the Constitution is the supreme law of the land and that state officials are bound by its rulings.In a powerful opinion, the Court reiterated that its 1954 decision in Brown, which declared racial segregation in public schools unconstitutional, was "the law of the land." The justices underscored that state defiance of federal court orders violated the Constitution, asserting that "the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution" must be upheld. This decision was critical in enforcing civil rights and strengthening federal power to ensure desegregation, marking a pivotal moment in the fight against state resistance to integration.Three law firms leading litigation against Johnson & Johnson (J&J) over talc-related cancer claims are now clashing in court. Beasley Allen, an Alabama-based firm, has sued the Smith Law Firm and Porter Malouf, alleging they owe more than $1 million in litigation expenses. Beasley Allen also claims that Smith Law, burdened by up to $240 million in debt to outside funders, is pushing clients to accept a $6.5 billion settlement with J&J that Beasley opposes. The settlement deal requires 75% approval from claimants and was initiated as J&J sought bankruptcy protection for its talc-related liabilities. Beasley Allen argues the settlement is unfair and insufficient for clients, while Smith Law supports it. Smith Law denies the allegations, calling Beasley Allen's lawsuit "baseless." Beasley Allen contends that Smith's financial issues have caused the firm to undermine their joint litigation agreement, which began in 2014. The dispute centers on alleged unpaid expenses and control over client decisions. Additionally, Beasley Allen is involved in a separate legal battle accusing J&J of misusing the bankruptcy process.J&J Talc Suit Law Firms Clash Over $6.5 Billion Settlement (2)J&J's proposed talc settlement sparks lawsuit between plaintiffs' firms | ReutersThe U.S. Court of Appeals for the Fifth Circuit has upheld the Labor Department's authority to use salary levels in determining overtime pay exemptions, supporting a rule issued under the Trump administration and providing a legal boost for a similar rule introduced by the Biden administration. The ruling involved a 2019 regulation that mandates salaried workers earning less than $35,568 annually to receive overtime pay, which was challenged by Robert Mayfield, a business owner from Texas. Mayfield argued that overtime exemptions under the Fair Labor Standards Act (FLSA) should be based solely on job duties, not salary levels. However, the court found that the Department of Labor (DOL) has long held the authority to set salary thresholds, with guidance from Congress. This decision is expected to bolster the Biden administration's 2024 overtime rule, which raises the salary threshold to $58,656 and aims to expand overtime protections to 4 million workers. Mayfield's legal challenge partly aimed to prevent the Biden rule from taking effect, but courts have consistently sided with the DOL. This ruling is seen as a win for the Biden administration in its effort to expand worker protections.Fifth Circuit Upholds Labor Department's Overtime Authority (2)A Philadelphia jury ruled in favor of Bayer's Monsanto in a lawsuit claiming that the company's Roundup weed killer causes cancer. This marks a win for Bayer, which acquired Monsanto in 2018 for $63 billion and has since faced numerous lawsuits alleging Roundup's cancer risks. The case involved product liability claims, but the jury sided with Monsanto, continuing Bayer's efforts to defend against the wave of litigation surrounding Roundup. Despite many legal challenges, this verdict adds to a series of mixed outcomes for Bayer in Roundup-related cases.Jury rules in favor of Bayer's Monsanto in Philadelphia trial over Roundup | ReutersA federal indictment has charged Michael Smith with using bots to artificially inflate streaming numbers for AI-generated music, earning over $10 million in royalties. Smith's scheme, which spanned seven years, involved creating thousands of fake email accounts to stream his AI-generated tracks on platforms like Spotify and Apple Music. AI allowed Smith to scale the operation by generating vast amounts of content, evading detection for years. The indictment marks the first criminal case involving artificially inflated music streams, signaling the Department of Justice's increasing focus on streaming fraud. Despite some platforms identifying suspicious activity early on, Smith continued his scheme by using bots to manipulate stream counts. The indictment highlights the vulnerability of streaming platforms to fraud, as well as the potential impact on the music industry's revenue model. The DOJ charged Smith with conspiracy to commit wire fraud, wire fraud, and money laundering. This case emphasizes the need for stronger fraud-prevention measures as AI technology becomes more integrated into content creation.AI Music Fraud Indictment Brings Scrutiny to Streaming Inflation This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Podcast recorded 07/10/24 - Investment Advisor, JB Bryan shares.... The Department of Labor (DOL) report says "Black men have the highest unemployment rates among all demographic groups". Black women are close behind. Check out "How to STOP the rise of Black unemployment". Visit www.JBBRYAN.com to request a complimentary consultation or call 1-844-JBBRYAN (522-7926). Powered by JB Bryan Financial Group, Inc., A Registered Investment Advisory Firm - The Home of AfroEconomics. #JBBRYAN #AfroEconomics #JBBRYAN www.AfroEconomics.com

Host Gregg N. Sofer welcomes Husch Blackwell attorney Rebecca Furdek back to the show to discuss recent government inquiries and enforcement actions concerning products and services related to artificial intelligence (AI). Gregg and Rebecca explore a few recent high-profile government investigations into so-called AI-washing and discuss the implications for businesses that are integrating AI into their workflows and product/service offerings. The discussion also covers how, in lieu of comprehensive federal legislation, agencies are using their existing powers to regulate AI. Finally, Gregg and Rebecca talk about some of the practical steps compliance departments can take to manage risks while seizing opportunities presented by AI.Gregg N. Sofer BiographyFull BiographyGregg counsels businesses and individuals in connection with a range of criminal, civil and regulatory matters, including government investigations, internal investigations, litigation, export control, sanctions, and regulatory compliance. Prior to entering private practice, Gregg served as the United States Attorney for the Western District of Texas—one of the largest and busiest United States Attorney's Offices in the country—where he supervised more than 300 employees handling a diverse caseload, including matters involving complex white-collar crime, government contract fraud, national security, cyber-crimes, public corruption, money laundering, export violations, trade secrets, tax, large-scale drug and human trafficking, immigration, child exploitation and violent crime.Rebecca Furdek BiographyFull BiographyA senior associate in Husch Blackwell's Milwaukee office, Rebecca is a member of the firm's White Collar, Internal Investigations & Compliance team and regularly helps clients navigate today's regulatory and government enforcement landscape. Before joining Husch, Rebecca served as Counsel to the Solicitor at the U.S. Department of Labor (DOL), where she gained firsthand insight into federal agency rulemaking and administrative enforcement. Prior to her government service, Rebecca worked as an associate in the Washington, D.C. office of a global law firm, focusing on litigation and government enforcement, and began her legal career as a judicial law clerk at the U.S. District Court for the Northern District of Texas. During law school, she served as a law clerk with the U.S. Senate Judiciary Committee.Additional ResourcesRichard Vanderford, “SEC Head Warns Against ‘AI Washing,' the High-Tech Version of ‘Greenwashing'” Wall Street Journal, December 5, 2023Michael Martinich-Sauter and Rebecca Furdek, “When the AI Does It, Does That Mean It Is Not Illegal?” Ethisphere, Winter 2024Securities and Exchange Commission, “SEC Charges Two Investment Advisers with Making False and Misleading Statements About Their Use of Artificial Intelligence,” March 18, 2024Securities and Exchange Commission, SEC Charges Founder of AI Hiring Startup Joonko with Fraud, June 11, 2024U.S. Department of Justice, “Founder And Former CEO Of Artificial Intelligence Company Charged With Securities Fraud,” June 11, 2024 © 2024 Husch Blackwell LLP. All rights reserved. This information is intended only to provide general information in summary form on legal and business topics of the day. The contents hereof do not constitute legal advice and should not be relied on as such. Specific legal advice should be sought in particular matters.

This session is designed to provide in-depth insights and practical guidance on navigating the complexities of the PERM labor certification process. The Program Electronic Review Management (PERM) process is a critical step for employers wishing to sponsor foreign nationals for permanent residence in the United States. The podcast covers the following topics: • An overview of the PERM recruitment process • Steps to ensure compliance with Department of Labor (DOL) regulations • Best practices for successful job advertisements and recruitment efforts Listen In!

In late April the Department of Labor (DOL) released the Retirement Security Rule, generally referred to as the “fiduciary rule.”  Nevin (Adams) and Fred (Reish) take a look at what's changed —what hasn't—and what it all means for retirement plan advisors. This now-final rule updates and broadens the definition of an investment advice fiduciary under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (IRC).  In this new podcast episode, the prolific podcasting pair ponder: The impact(s) to retirement plan advisors who are already ERISA fiduciaries, and compliant with PTE 2020-02, How the five-part test has changed, The implications of the so-called “Hire Me” exception, What changes to the “regular basis” criteria mean to the “drive-by” plan sale to plan sponsors.

In this episode of 'Therapy for Your Money,' hosted by Julie Herres, the focus is on understanding Department of Labor (DOL) audits through the lens of a therapy practice owner. Julie shares her personal experience with a DOL audit in 2023, emphasizing the rarity of such audits for small businesses and outlining what triggers them. She provides a detailed account of the audit process, what the DOL investigates, and the kind of information they request, ranging from employee data to time and payroll records. Highlighting the challenges and emotions involved, Julie offers practical advice for handling audits, including the importance of EPLI insurance, rights during the audit, and the potential outcomes. The episode aims to prepare listeners for the unlikely event of a DOL audit, ensuring they're informed and protected.Show Highlights00:00 Welcome to Therapy for Your Money00:49 Navigating a Department of Labor Audit: A Personal Journey03:52 Understanding the Scope of DOL Audits05:55 Preparing for and Responding to a DOL Audit10:20 Rights and Tips for Handling a DOL Audit12:33 The Importance of EPLI Insurance and Final ThoughtsLinks and ResourcesEpisode 133: Contractor vs Employee: Understanding the new DOL rulesGreenOak Accounting - www.GreenOakAccounting.comTherapy For Your Money Podcast - www.TherapyForYourMoney.comProfit First for Therapists - www.ProfitFirstForTherapists.comProfit First Academy - www.ProfitFirstForTherapists.com/AcademyPodcast Production and Show Notes by Course Creation Studio

This Day in Legal History: President Johnson AcquittedOn May 16, 1868, a significant moment in U.S. legal and political history occurred when President Andrew Johnson was acquitted in his impeachment trial. Johnson, who had ascended to the presidency following the assassination of Abraham Lincoln, was charged with high crimes and misdemeanors, primarily stemming from his violations of the Tenure of Office Act. This law, which was later repealed, had been designed to restrict the power of the President to remove certain officeholders without the Senate's approval.The crux of the case against Johnson was his attempt to remove Edwin Stanton, the Secretary of War, without Senate consent, which ignited a fierce political battle with the Radical Republicans who dominated Congress. These lawmakers sought a stricter Reconstruction of the Southern states following the Civil War, a process Johnson had obstructed through his lenient policies towards the former Confederate states.The impeachment trial in the Senate was a closely watched affair, reflecting deep national divisions during a tumultuous period in American history. Johnson narrowly escaped removal from office by one vote, securing a "not guilty" verdict with a tally of 35-19, just shy of the two-thirds majority required for conviction.This verdict had lasting implications for the balance of power between the presidency and Congress, highlighting the complexities of presidential impeachment. Johnson's trial set a significant precedent, establishing that political disagreements alone were not sufficient grounds for removal from office under the Constitution. This event remains a pivotal chapter in the saga of American governance and legal standards, underscoring the enduring struggle over the limits of presidential authority.Ghostwriting in legal briefs refers to the practice where an experienced attorney, often a specialist in Supreme Court matters, writes or significantly contributes to a brief without their name appearing on the document. This tactic is predominantly used in opposition briefs—the documents that argue why the Supreme Court should not agree to hear a particular case. The strategy behind ghostwriting is to leverage the expertise of seasoned Supreme Court advocates without drawing attention to the case with a high-profile name. This can make the brief more persuasive without signaling that the case might be significant enough to warrant the Court's attention.Despite there being no explicit rules against ghostwriting in court documents, and the American Bar Association deeming it ethically permissible under certain circumstances, the practice has sparked debate. Critics, like law professor Daniel Epps, argue that it might be seen as misleading because it intentionally hides the involvement of influential lawyers to influence the Court's decisions indirectly. Advocates of transparency suggest that disclosing all authors of a brief could lead to more informed decision-making by the justices.However, some legal experts argue that ghostwriting is detectable by justices familiar with the distinct writing styles and argumentative structures typical of veteran Supreme Court lawyers. This recognition could potentially undermine the purpose of ghostwriting by making the justices aware of the underlying significance and expert handling of the case. Despite these concerns, ghostwriting remains a utilized, albeit controversial, tactic in the strategic presentation of cases to the Supreme Court.Ghostwriters Try Steering Supreme Court Justices Away from CasesQuinn Emanuel, a prominent law firm, has integrated an AI-powered tool from Pre/Dicta to predict judicial decisions in litigation cases, enhancing strategic planning and case management. The tool, developed by Pre/Dicta—a company specializing in judicial analytics—utilizes artificial intelligence to analyze various judge-specific factors such as age, gender, education, and net worth, which the company's CEO, Dan Rabinowitz, suggests, in reporting by Bloomberg Law, influence decision-making. This predictive capability is seen as critical for litigators, akin to writing briefs.The technology is designed to anticipate judges' rulings on various motions including summary judgments, class certifications, and venue transfers with an impressive accuracy of about 85%, as evidenced by tests on 50,000 cases. Ryan Landes, a partner at Quinn Emanuel, highlights the strategic advantage this provides, potentially altering the cost-benefit analysis of legal actions based on predicted outcomes.Currently, the tool is used only for analyzing federal court cases, with plans to expand to state court cases, starting with California. This AI application underscores the broader trend of law firms leveraging new technologies to improve efficiency and decision-making.Quinn Emanuel Adopts AI-Powered Tool to Predict Judicial RulingsFederal lawmakers have begun efforts to repeal a new rule by the Department of Labor (DOL) that broadens the definition of a fiduciary, impacting more financial advisors. This rule, finalized in April, extends fiduciary responsibilities to include advice on rolling over 401(k) funds into annuities and individual retirement accounts. Critics, including some Wall Street firms and life insurers, argue that this rule could hinder their ability to earn commissions and offer services, potentially complicating retirement planning for individuals.The resolution to overturn the rule is led by Senators Ted Budd, Bill Cassidy, Joe Manchin, and Roger Marshall, along with support in the House from Representatives Rick Allen and Virginia Foxx. They claim the rule constitutes executive overreach and could limit consumers' financial management options and access to advice, risking their future financial security.The rule is already facing legal challenges from the insurance industry, which seeks to prevent its enforcement through a lawsuit filed under the Administrative Procedure Act. This legal action requests both a preliminary and permanent injunction against the rule.The process to repeal the rule involves a Congressional Review Act (CRA) procedure, where Congress, after receiving a report from the Labor Department, has 60 days to pass a joint resolution of disapproval. If passed, this would proceed to President Joe Biden's desk, where he is likely to veto it based on previous actions, such as his veto of a resolution against the DOL's ESG rule in March 2023. However, there remains a possibility for Congress to override such a veto.Biden 401(k) Advice Rule Repeal Effort Begins in Congress (2)Boeing Co. is facing significant scrutiny from shareholders at its annual meeting on May 17, reflecting deep dissatisfaction with the company's management and response to ongoing safety issues with its jets. Shareholders, advised by proxy-voting firms Glass Lewis and Institutional Shareholder Services (ISS), are particularly critical of Boeing's board and executive compensation, signaling discontent with how the company has addressed the systemic safety failures that have plagued its newer aircraft models.Glass Lewis has recommended voting against the reelection of certain board members, including those leading the audit and aerospace safety committees, due to their perceived failure in overseeing necessary safety improvements. Additionally, ISS has advised shareholders to reject the outgoing CEO Dave Calhoun's pay package, which saw a substantial increase despite the company's troubling safety record and operational challenges. This package includes a significant bonus that coincided with additional safety incidents, raising concerns about the misalignment between executive compensation and company performance.The dissatisfaction comes amid a backdrop of operational failures that have not only affected Boeing's share price, which has dropped significantly, but also raised potential for criminal prosecution due to violations of a deferred-prosecution agreement related to past crashes. These ongoing issues, coupled with a wave of executive retirements, including that of CEO Calhoun, suggest a tumultuous period for Boeing.Despite the likelihood that the board members and executive pay proposals will pass, a substantial number of dissenting votes would highlight the shaky confidence investors have in the current leadership's ability to turn around the company's fortunes and address its safety culture effectively. This climate of uncertainty could also impact Boeing's ability to attract a capable successor for Calhoun, as potential candidates may be deterred by the reputational risks and scrutinized compensation involved.Boeing Safety Woes Fuel Opposition to CEO's Pay, Board Make-Up Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

After a long wait and a great deal of speculation, on April 23, 2024, we received the highly anticipated final rule from the U.S. Department of Labor (DOL) regarding the Fair Labor Standards Act's (FLSA) salary-level threshold for the “white-collar” exemptions to overtime requirements. The DOL's final rule expands overtime pay protections to over 4 million workers by changing the FLSA's exemptions to overtime eligibility. Listen in as we discuss what this means for employers, how they can comply and more. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide. Host: Tara Stingley (email) (Cline Williams Wright Johnson & Oldfather, LLP / Nebraska)Guest Speaker: Beth Liner (email) (Baker, Donelson, Bearman, Caldwell & Berkowitz, PC / Louisiana)Support the Show.Register on the ELA website here to receive email invitations to future programs.

The Regulatory Transparency Project (RTP) is pleased to host a stellar panel of top labor and employment law experts for a lively discussion in which our panelists will grade the Biden Administration's administrative, regulatory, and enforcement activity under the Department of Labor (DOL) and the National Labor Relations Board (NLRB).How have these agencies' approaches to administrative law under the Biden Administration been similar to or different from prior administrations? Where have they been aggressive, where have they been conservative, and why?  What have been the regulatory successes of the first three years?  The failures? And what unaddressed or latent regulatory issues might the agencies be taking up in 2024 (and beyond)?  Tune in and find out how the experts view the Biden Administration's actions from divergent points of view.Featuring:Moderator: Gregory Frederick Jacob, Partner, O'Melveny & Myers LLPJudy Conti, Government Affairs Director, National Employment Law ProjectHon. Philip Miscimarra, Partner, Morgan, Lewis & Bockius LLPTimothy Taylor, Partner, Holland & Knight LLP

The upcoming solar eclipse, another night golf course in Arizona, and a potential new labor rule that would affect country clubs were some of the topics discussed by Club + Resort Business Editor-in-Chief Rob Thomas and Senior Editor Phil Keren during the latest episode of Club + Resort Talks. There are multiple clubs and resorts in the solar eclipse's path of totality that are hosting parties and watch parties with food, beverages, music and other activities. Arrowhead Golf Club in Minster, Ohio, Heritage Ranch Golf & Country Club in McKinney, Texas, and Byrncliff Golf Resort & Banquets in Varysburg, N.Y. are hosting special events. Any clubs that host eclipse gatherings are encouraged to send photos and videos to Phil at pkeren@wtwhmedia.com. Ak-Chin Southern Dunes Golf Club in Maricopa, Ariz. will use its six-hole short course, #miniDunes, for night play starting April 26. The #miniDunes golf course originally opened for play in 2014 and has holes that range from 60 to 115 yards. Fifteen poles with 88 LED light fixtures shine down and illuminate the golf course while up-lighting will allow golfers to track ball flight through the night sky. They will have tee times, but walk-ins are available, too. The Department of Labor (DOL) is proposing to increase the exempt salary threshold for certain white-collar exemptions, potentially raising it from about $35,000 to about $55,000 annually. This change is expected to impact around 3.6 million workers. Rob and Phil discussed the fact that, if the rule was implemented, it would compel club general managers to make some important decisions regarding budgeting and payroll. Rob and Phil also discussed two projects happening at clubs in Florida: The Club at Ibis in West Palm Beach, Fla. is collaborating with Peacock + Lewis Architects and Planners to develop a comprehensive amenities master plan; and Vineyards Country Club in Naples, Florida recently began construction work for the redesign and renovation of its 18-hole, Mark McCumber-designed championship North golf course. Rob and Phil also briefly reviewed the plans for the upcoming stories and webinars in the Club + Resort Business Model Club program.

This week, we're concentrating on the flurry of challenges that federal agencies—such as the U.S. Department of Labor (DOL), the National Labor Relations Board, and the Occupational Safety and Health Administration (OSHA)—have recently faced in the courts. We'll also discuss potential changes to the U.S. Supreme Court's (SCOTUS's) controversial Chevron deference doctrine. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw336 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

The U.S. Department of Labor (DOL) recently issued a final rule imposing stricter criteria for companies to classify workers as independent contractors. This rule, effective as of March 11, 2024, deviates from the previous administration's interpretation of the Fair Labor Standards Act (FLSA) and may result in more lawsuits related to misclassification. These lawsuits, if filed as collective actions under the FLSA, can have significant implications for companies. Listen to learn more about the final rule, how companies may be affected, and steps that companies should consider to ensure that they are complying with the new developments in the law.

Chris Holman welcomes back Clifford {Cliff} Hammond Shareholder, Employment & Labor Lawyer, Foster Swift Collins & Smith, Southfield and Lansing Foster Swift, with a half dozen locations across Michigan. Topic: New Independent Contractor Rule. What's is the new rule about? What are the industries and types of employers that may need to really take a close look at this? What can happen if you misclassify someone under this rule? Foster Swift also shared this recent article on the subject: Independent Contractor Final Rule Could Have Major Impact on Select Industries The much-anticipated independent contractor final rule issued earlier this month by the U.S. Department of Labor (DOL) will become effective March 11, 2024. Several years in the making, the new rule could result in a wholesale reexamination of worker classification practices, especially in industries where independent contractors are extensively utilized. Construction, transportation/logistics, healthcare, consulting/business/IT services and the gig sector (e.g., Uber, Lyft, DoorDash, and Grubhub) are among the industries that are most likely to experience a significant impact due to the changed requirements of the updated rule. The new rule utilizes a test like the ones many courts have used for years to determine whether workers should be classified and treated as independent contractors or employees under U.S. wage laws. The new version of the rule, however, is controversial because of the likelihood that it will result in the DOL recognizing fewer independent contractors and more employees. The U.S. Chamber of Commerce and other business groups are expected to challenge the rule in the courts. Louisiana Sen. Bill Cassidy has said a resolution will be introduced to repeal the rule. If such a resolution were to make it through both the Senate and House, it's likely that President Biden would veto the measure. Independent Contractor Final Rule: The Details The final version of the rule utilizes a review and analysis which assesses the “totality of circumstances” to establish whether a worker is an independent contractor or an employee. The test analyzes six factors equally without assigning a predetermined weight to any particular or set of factors. The six factors are: Opportunity for Profit or Loss Depending on Managerial Skill – Whether the worker exercises managerial skill that affects their economic success or failure in performing the work. Investments by the Worker and Potential Employer – Whether the investments of a worker (capital or entrepreneurial) contribute to and support the maintenance and growth of the business. Degree of Permanence of the Work Relationship – Whether the nature of the work is steady, sporadic, or project-based with fixed beginning and ending dates. Nature and Degree of Control – Which party controls hiring, firing, scheduling, pricing, pay rates, supervision, and other economic and performance factors? Extent that Work Performed is an Integral Part of the Potential Employer's Business – Whether the work performed is critical, necessary, or central to the potential employer's principal line of business. The Worker's Skill and Initiative – Whether a worker uses their own specialized skills together with business planning to support, grow, or improve the business. Employers should note that the new rule doesn't represent new law. Nor does it create any new legal obligations, but rather clarifies the DOL's interpretation of the existing law. In addition, the federal rule may not be fully applicable in those states which have their own laws or tests for classifying workers as employees or independent contractors, which include California, Illinois, Massachusetts, New Jersey, New York, and others.

Daniel Moore, CPA, Owner — D.T. Moore and Company, LLC, discusses the recent Department of Labor rule on determining the classification of workers as either employees or independent contractors under the Fair Labor Standards Act. He also highlights the potential legal and financial risks associated with worker misclassification. The rule, effective on March 11, 2024, aims to align with judicial precedents, reduce misclassification risks and offer more flexibility for businesses engaging with independent contractors. Factors for worker classification under this rule are: Opportunity for profit or loss that a worker might have Investments of resources by the worker and potential employer Degree of permanence of the work relationship Nature and degree of control an employer has over the work Extent to which the work is integral to the employer's business Skill and initiative of the worker Dan highlights the importance of considering both IRS and Department of Labor rules when advising clients on worker classification and how to best communicate this change to clients.  AICPA resources   ·       Tax season resource center — Access the AICPA's central hub for guidance, tools and developments throughout the tax filing season.   ·       Employee or independent contractor? DOL issues new guidance, Journal of Accountancy, Jan. 10, 2024   Other resources   ·       RIN 1235-AA43 published in the Federal Register — Department of Labor (DOL) rule

On January 10, 2024, the United States Department of Labor (DOL) issued its final rule on “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” which replaced the rule that made it easier to classify workers as independent contractors. Fisher Phillips will discuss the differences between the former DOL rule and the new rule which now make it more difficult to classify workers as independent contractors. We will also review likely arguments that plaintiffs' attorneys and DOL investigators may make to challenge a worker's classification as an independent contractor. In addition, this podcast will discuss state laws relative to independent contractor classification and provide tips on how to stay in compliance.

For this episode of The Jason Cavness Experience, I am covering HR Laws you have to follow if your company has 49 or fewer employees CavnessHR Product/Market Fit Validation and Tech Platform Validation To help us with our product market fit and tech platform validation. We are providing Employee Handbooks and HR policies at no cost to companies with 49 or fewer people in the city of Seattle. Email me at jasoncavness@CavnessHR.com if you are interested in this. Go to www.thejasoncavnessexperience.com for the full episode and other episodes of The Jason Cavness Experience on your favorite platforms.  Sponsor  CavnessHR delivers HR companies with 49 or fewer people with our HR platform and by providing you access to your own HRBP. www.CavnessHR.com HR Laws for Small Business with 49 or fewer employees  If you have at least one employee, the following HR laws apply to you.  Drug-Free Workplace Act: The Drug-Free Workplace Act of 1988 only applies to federal grant recipients and federal contractors with a contract for more than $100,000. Drug-Free Workplace Requirements Generally, it requires that covered employers: adopt a drug-free workplace policy; and establish a drug-free awareness program. Employers faced with alcohol and drug use in the workplace often consider employee and applicant drug testing as a way to reduce safety risks and avoid other problems caused by employee drug use. Employers that use drug testing should be aware of the many laws and regulations governing safety, employee privacy, and disability.  The issues involved include both legally mandated and voluntary drug-free workplace programs, discrimination and accommodation, testing, and special requirements for the transportation industry. Electronic Communications Privacy Act (ECPA): Prohibits intentional interceptions of wire, oral, or electronic communications. https://it.ojp.gov/privacyliberty/authorities/statutes/1285 Employee Polygraph Protection Act: Forbids most employers to use lie detectors. Poster required.  https://www.dol.gov/agencies/whd/polygraph Employee Retirement Income Security Act (ERISA): Regulates benefits through a complex series of rules covering pensions, profit-sharing, stock bonus, and most insurance and other benefit plans. What is ERISA? The Employee Retirement Income Security Act (ERISA) was enacted to ensure that employees receive the pension and other benefits promised by their employers. ERISA also incorporates and is tied to Internal Revenue Code (IRC) provisions designed to encourage employers to provide retirement and other benefits to their employees. Most provisions of ERISA and the IRC are intended to ensure that tax-favored pension plans do not favor the highest-paid employees over rank-and-file employees. ERISA has a complex series of rules that cover pension, profit-sharing, stock bonus, and most “welfare benefit plans,” such as health and life insurance. ERISA has created a single federal standard for employee benefits, and it supersedes almost all state laws that affect employee benefit plans. An employer's responsibilities under ERISA vary depending on the type of plan involved. https://www.dol.gov/general/topic/retirement/erisa Military Leave -Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994: Prohibits discrimination against those who serve in the military; mandates military leave of absence.  With the increased use of reserve and National Guard troops in full-time military service, employers must frequently deal with the requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 when those employees are called to active services and when they return. USERRA governs the leave and reinstatement requirements for military personnel. The law contains specific requirements for protected leave, rules for benefits employees are entitled to during military leave, and the requirements for reinstatement back in the civilian workforce.  https://www.dol.gov/vets/programs/userra/userra_fs.htm Employee Right to Know Laws (Hazardous Chemicals in Workplace): A disclosure rule that requires private sector employers with hazardous substances in their workplace to develop a comprehensive hazard communication program to train and inform employees.  https://www.osha.gov/Publications/osha3111.html National Labor Relations Act (NLRA): Employees have the right to organize and bargain collectively for wages, hours, and working conditions. The National Labor Relations Act of 1935 (NLRA) was passed by Congress to encourage a healthy relationship between private sector workers and their employers. It was designed to curtail work stoppages, strikes, and general labor strife, which were viewed by Congress as harmful to the economy and the nation's welfare. To this end, the Act defines and protects the rights of employees and employers, encourages collective bargaining, and prohibits certain practices on the part of both labor and management. The NLRA also provides a system for conducting elections to determine who represents the employees and for enforcement of the strictures against unfair practices by any of the parties.  https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act Occupational Safety and Health Act (OSHA): Employers must furnish a workplace that is free from recognized hazards. Poster required. https://webapps.dol.gov/elaws/elg/osha.htm Equal Pay Act (EPA): Forbids discrimination in pay on the basis of gender. Poster required. Two federal statutes prohibit gender-based differences in pay: the Equal Pay Act of 1963 (EPA) and Title VII of the Civil Rights Act of 1964 (Title VII). Title VII and other federal laws also prohibit pay discrimination based on race, color, religion, national origin, age, and disability. Although the EPA and Title VII both prohibit pay discrimination based on gender, the laws differ in several aspects, including coverage, enforcement, and remedies.  https://www.eeoc.gov/laws/statutes/epa.cfm Fair Labor Standards Act (FLSA): Regulates the payment of minimum wages and overtime. Poster required. The Fair Labor Standards Act (FLSA), also known as the federal Wage and Hour Law, regulates minimum wage, overtime, equal pay, recordkeeping, and child labor for employees of enterprises engaged in interstate or foreign commerce and employees of state and local governments. The FLSA is enforced by the Wage and Hour Division of the U.S. Department of Labor (DOL). The FLSA applies in all states, but states are permitted to develop their own laws and regulations to provide even greater protection for their workers than is provided under federal law. In cases in which the two laws conflict, the law most beneficial to the employee prevails. Therefore, it is essential that employers understand both the state and federal laws. https://www.dol.gov/agencies/whd/flsa Immigration Reform and Control Act (IRCA): Employers must verify that workers are legally entitled to work in the United States. IRCA also prohibits employers from discriminating in hiring, firing, recruiting, or referring based on national orgin or citizensip status. It is also illegal to retaliate against an employee who has filed.  The Immigration Reform and Control Act of 1986 (IRCA) bars employers from hiring individuals, including undocumented immigrants, who are not legally entitled to work in the United States Employers must verify that individual are eligible to work by obtaining an Employment eligibility Verification Form, know as Form I-9 and inspecting the required supporting documents at the time of hiring. I-9 forms must be retained for 3 years after the worker is hired or for one year after termination, whichever is longer. https://www.uscis.gov/i-9 Federal Income Tax Withholding:  Employers are required to make deductions from employees' pay for Social Security. Employers are required by law to make deductions from the pay of their employees for federal income tax, for Social Security tax under the Federal Insurance Contribution Act (FICA), and for Medicare tax. The government provides detailed tables for the computation of these withholding amounts. Internal Revenue Service (IRS) Publication 15 (Circular E), Employer's Tax Guide, provides details and may be obtained on the IRS website athttps://www.irs.gov/forms-instructions.  What do employers need to consider regarding Social Security and Medicare? The Social Security program was created by the federal Social Security Act. It is a worker-employer-government insurance program, covering benefits for retirement, survivors, disability and Medicare. Employers withhold two separate taxes from employees' paychecks. One is the Social Security tax and the other is the Medicare tax. Medicare, which is funded through taxes, provides health insurance for people aged 65 or older and many people with disabilities. Medicare consists of Parts A (hospital insurance), B (medical insurance), and C (Medicare Advantage), which offer additional preventive health benefits and patient protections. In 2006, Medicare began offering prescription drug plans, known as Part D.  https://www.irs.gov/individuals/international-taxpayers/federal-income-tax-withholding Federal Insurance Contributions Act (FICA) of 1935 (Social Security): Employers and Employees are required to contribute to Social Security and Medicare. https://www.irs.gov/taxtopics/tc751 Health Insurance Portability and Accountability Act (HIPAA): Limits the duration of pre-existing condition exclusion in group health plans and gives new enrollees credit for prior coverage. https://www.hhs.gov/hipaa/index.html If you have at least 15 employees, the following HR laws apply to you. Americans with Disabilities Act (ADA): Forbids discrimination against the disabled. The Americans with Disabilities Act (ADA) prohibits disability discrimination. In the workplace, employers cannot discriminate against a qualified individual with a disability. Reasonable accommodation by employers is required absent undue hardship. The ADA Amendments Acts of 2008 (ADAAA) and its regulations significantly broadened the definition of disability, shifting the focus away from whether an individual has a disability and toward whether discrimination occurred.  https://www.dol.gov/general/topic/disability/ada Pregnancy Discrimination Act (PDA): Forbids discrimination on the basis of pregnancy, childbirth, or related medical conditions. Several federal laws protect or grant rights to workers on the basis of pregnancy or related medical conditions. These rights and protections may include the right to be free from discrimination, harassment, and stereotypes; the right to reasonable workplace accommodations, such as job modifications, extended or additional breaks, and leave; the right to leave for pregnancy, childbirth, related medical conditions, and bonding; and the right to equivalent fringe benefits, such as health insurance. https://www.eeoc.gov/laws/statutes/pregnancy.cfm Genetic Information Nondiscrimination Act: To prohibit discrimination on the basis of genetic information with respect to health insurance and employment. The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants. https://www.eeoc.gov/laws/statutes/gina.cfm Title VII of the Civil Rights Act of 1964: Prohibits discrimination on the basis of race, color, religion, sex, and national origin. Federal fair employment laws protect employees from discrimination based on age, race, color, sex, national origin, religion, disability, and genetic information. Federal law covers employers of 15 or more employees, except for the Age Discrimination in Employment Act (ADEA), which covers employers with 20 or more employees. State laws often cover employers with fewer employees and provide protection for groups not covered under federal law. Certain individuals in the workplace, such as independent contractors, are not protected by federal fair employment laws if they are not employees. Employers are liable for discriminatory acts by supervisors—in some cases, strictly liable. There are many preventive measures an employer can take to reduce the probability of being sued for discrimination. Civil rights laws also impose numerous recordkeeping requirements on employers. https://www.eeoc.gov/laws/statutes/titlevii.cfm Civil Rights Act of 1964 (Update): Extends prohibition of discrimination on the basis of sex to gay, lesbian, and transgender individuals. https://www.npr.org/2020/06/15/863498848/supreme-court-delivers-major-victory-to-lgbtq-employees If you have at least 20 employees, the following HR laws apply to you. Age Discrimination in Employment Act (ADEA): Forbids the discrimination on the basis of age 40 and over. The Age Discrimination in Employment Act (ADEA) prohibits all public employers and private employers with 20 or more employees from discriminating against employees or applicants based on age. Individuals must be at least 40 years of age to be covered by the ADEA. Harassment of employees based on age is also unlawful discrimination. The ADEA also protects an older worker's disability payments, retirement incentives, life insurance, pension, and retirement plans. Amendments to the ADEA set out standards for waivers of legal rights by older employees in return for retirement incentives. Many states also have fair employment laws that prohibit age discrimination. Different age groups may be protected under state law, and smaller employers may be subject to state requirements. https://www.eeoc.gov/laws/statutes/adea.cfm Consolidated Omnibus Benefits Reconciliation Act (COBRA): Requires that employees who lose coverage under group health plans be given a continuation option. https://www.dol.gov/general/topic/health-plans/cobra CavnessHR Product/Market Fit Validation and Tech Platform Validation To help us with our product market fit and tech platform validation. We are providing Employee Handbooks and HR policies at no cost to companies with 49 or fewer people in the city of Seattle. Email me at jasoncavness@CavnessHR.com if you are interested in this.

This episode we talk with Chelsea @thatunionlaborer a LIUNA member from Local 596 in Massachusetts.  We talk about her origins in the Trades. Her journey over the last decade and the opportunities for women in the Trades. Some of the links we include here are from our conversation so you can learn more for yourself or someone in your family. If you reside in Massachusetts here is a link for you to the BuildALifeMA.org we talk about in the show. Also the link for the NABTU Trades Women Build Nations - this will give you insight to the level of Tradeswomen currently working in construction and the need for more apprentices. In North East Indiana you can find out more about the Building Trades by visiting NEIBT You can also visit the Department of Labor (DOL.gov) website as they too have a link for Apprenticeship Information.  Thanks to the CWA & UAW Local 2209 for their support of My Labor Radio.  International Automotive Workers Coordination This is a link to learn about the struggles of Autoworkers around the globe.  Thanks for listening - As always find us on Twitter @mgevaart or on Facebook at MyLaborRadio on Instagram we are @My_Labor_Radio on Tiktok we are @MyLaborRadio 

This week, we're getting up close and personal with the U.S. Department of Labor (DOL) and the contentious new rules that it is rushing to put into effect. Epstein Becker Green attorney Paul DeCamp tells us more about the recent pushback against the DOL and recounts his testimony to the U.S. House Subcommittee on Workforce Protections regarding the DOL's proposed overtime rule. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw325 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

In this episode we are discussing as a small business how you can not only capture the attention of large business, prime contractors, but ensure you are prepared for what a partnership with a large government contractor requires. Bianca started her career early on as a developer and quickly progressed into program and project management where she found leveraging technical skill sets with the full project life cycle was where her true passion lie. In her career, Ms. Berrios has served as a project manager, program manager and BPA lead across organizations most recently the Department of Homeland Security (DHS), National Oceanic & Atmospheric Administration (NOAA), Department of Labor (DOL) and many DOD sectors. As Chief Business Officer (CBO) of a woman and veteran-owned small business, Ms. Berrios managed the corporate portfolio with a value of up to $60M to include 300+ employees and subcontractors across the Civilian Sector.Request to join the Hive39 Community on LinkedinHelp spread the word about Unveiled: GovCon StoriesDo you want to be a guest or recommend a topic that you would like to learn or hear about on the podcast? Let us know on our Suggestion Form.Links:Teksynap Corporation: https://www.teksynap.comTeksynap Partner Registration Portal: https://portal.teksynap.com/portal/partner-login/#register Teksynap Community & Charity - Giving Back: https://www.teksynap.com/about-us/teksynap-community-charity/Sponsors:Twenty39 – simplifying the complexity in pursuing government contracts: https://www.twenty39.comIf your business is considering government contracting and need expert advisory, business development, proposal management, and/or operations support we are here to help. We provide end-to-end enablement for pursuing government contracts.Hive39 Community: https://twenty39.com/hive39-community/An inclusive online community for GovCon Small Businesses and Consultants to learn, share, and grow. Receive free resources to support your business in pursuing government contracts; and meet new partners, identify small business relevant events, and cost appropriate vendor resources, stay up to date on policy and legal changes impacting small business, and share 1099 and partnership opportunities. Join today! Hosted on Acast. See acast.com/privacy for more information.

On this day, November 24, in legal history, a pivotal event unfolded in Czechoslovakia, marking a significant turning point in the country's journey towards democracy. In 1989, the leaders of the Communist Party of Czechoslovakia, under mounting pressure and facing an undeniable surge for change, resigned from their positions. This resignation was a direct response to the widespread protests and political movements demanding democratic reforms, a wave that had been sweeping across Eastern Europe following the decline of Soviet influence in the region.Central to this movement in Czechoslovakia was Vaclav Havel, a distinguished playwright and political dissident, who emerged as a leading figure in the opposition. Havel, who had long been an outspoken critic of the Communist regime, played a crucial role in the Velvet Revolution, a peaceful series of protests that ultimately led to the end of 41 years of Communist rule in Czechoslovakia. His actions, characterized by non-violent resistance and powerful advocacy for human rights, not only symbolized the yearning for freedom and democracy but also inspired a nation to strive for these ideals.The resignation of the Communist Party leaders on this day was a landmark victory for the Velvet Revolution and paved the way for significant legal and political changes in Czechoslovakia. This event marked the beginning of a transition from a one-party system to a parliamentary democracy, a transition that culminated in the election of Vaclav Havel as the first democratically elected President of Czechoslovakia in December 1989. His presidency represented not only a new era for Czechoslovakia but also symbolized the triumph of democratic principles over authoritarian rule in the post-Cold War era.The United Nations Special Rapporteur on toxics and human rights, Marcos A. Orellana, has initiated an investigation into three companies historically linked to DuPont, along with the governments of the Netherlands and the United States. This probe concerns the human rights and environmental impacts stemming from the release of per- and polyfluoroalkyl substances (PFAS) from a Fayetteville, North Carolina plant. In letters sent to these entities, Orellana expressed deep concern over the apparent disregard for human rights and environmental protections demonstrated by DuPont de Nemours Inc., the Chemours Co. LLC, and Corteva Agriscience LLC in their handling of PFAS, known for their potential harmful effects.Chemours responded with details of their efforts to control PFAS release at their Fayetteville Works factory, including significant pollution control measures and water treatment systems, which have cost over $200 million. They also highlighted a barrier wall to prevent chemical migration to local waters and provided data showing decreasing PFAS levels in the adjacent Cape Fear River. Corteva, on the other hand, clarified that it is an independent agricultural company and has neither produced nor sold the PFAS in question, though it inherited some liabilities related to PFAS under a 2021 settlement.The Netherlands detailed its compliance with international law in its dealings with Chemours, including requesting U.S. EPA permission for PFAS waste export from a Dutch Chemours plant to the North Carolina facility, a move highlighted by Orellana as potentially exacerbating the problem.Orellana criticized the U.S. for inadequate health and environmental protections, alleging that American regulatory failures have deprived North Carolina communities of essential information to prevent harm and seek reparation. He pointed out that legal actions against the companies have been insufficient, with enforcement and remediation measures falling short. This, according to Orellana, undermines the community members' rights to information and effective remedies. As of the report, responses from the U.S. government and DuPont were not immediately available on the UN's website.You will remember we reported on 3M's $10.3 billion PFAS settlement back in September, it appears likely as more is learned about PFAS that more litigation and ultimately more settlements will be in the offing. UN Probes DuPont, Chemours Over Human Rights Harms From PFASA $25 million settlement between Apple Inc. and the Department of Justice (DOJ) over allegations of hiring bias against U.S. citizens has underscored a broader dilemma in Big Tech regarding compliance with immigration laws. The case highlights a disconnect between the Department of Labor (DOL) and the DOJ in enforcing these laws, particularly in the context of sponsoring foreign workers for lawful permanent residency. Apple's case is the second major enforcement action against a U.S. employer for biases in sponsoring foreign workers, following a similar case with Facebook in 2021.Under the PERM (Permanent Labor Certification) program, companies sponsoring foreign workers must meet additional DOL recruiting requirements, which some attorneys find outdated, such as advertising in Sunday print newspapers. Despite adherence to DOL regulations, companies like Apple find themselves scrutinized by the DOJ for potential recruitment failures. The DOJ alleged that Apple took measures to depress applications from U.S. workers, including requiring paper applications and not advertising PERM positions on its external website.Large tech firms are particularly vulnerable to such scrutiny due to their heavy use of the PERM process and the H-1B visa program. For many foreign workers employed in the U.S. on temporary visas, progress toward permanent residency is crucial for renewing their temporary status, especially given the long wait times for green cards. The DOJ's position is that employers are not permitted to deter job applications based on citizenship or immigration status. However, this has raised concerns among immigration attorneys who argue that complying with the letter of DOL laws might still invite DOJ enforcement actions, creating a challenging environment for employers to navigate.The Apple case, following the Facebook settlement, signifies a growing enforcement trend by the DOJ and raises questions about the consistency and clarity of regulations governing the sponsorship of foreign workers for permanent residency. It also suggests the need for federal agencies to harmonize their approaches and update recruitment mandates to reflect modern hiring practices.Apple's Hiring Bias Case Reveals Big Tech Foreign Worker DilemmaThe Biden administration has defended the race-conscious admissions policy of the U.S. Military Academy at West Point in a recent legal challenge. In a brief filed by the U.S. Department of Justice, the administration argued that the academy's affirmative action policies are crucial for ensuring a diverse and effective military force, which is integral to national security. This stance comes despite the U.S. Supreme Court's June ruling that struck down similar race-conscious admissions policies used by civilian colleges.The lawsuit, filed by Students for Fair Admissions (SFFA), a group founded by affirmative action opponent Edward Blum, alleges that West Point's practices discriminate against white applicants, violating the equal protection principle of the U.S. Constitution's Fifth Amendment. However, the Justice Department contends that SFFA lacks legal standing to sue and points out critical differences between civilian universities and military academies in their use of race in admissions.The administration emphasizes that diversity in the Army officer corps, fostered in part by West Point's admissions practices, results in a more effective, lethal, and legitimate force in the eyes of the nation and the world. The lawsuit seeks to end an exemption that allows military academies to consider race as a factor in admissions, an issue the Supreme Court did not address in its recent ruling.The Justice Department's brief highlights the racial disparities in the Army, noting that while Black and Hispanic people make up a significant portion of active duty enlisted personnel, they are underrepresented in officer positions. In contrast, white individuals constitute a larger percentage of officers compared to their representation in the enlisted corps. The case, which will have arguments heard on December 21, raises crucial questions about the role of race in military academy admissions and its impact on the composition and effectiveness of the U.S. military.Biden administration defends West Point's race-conscious admissions policy | ReutersThe 5th U.S. Circuit Court of Appeals in New Orleans is proposing a rule requiring lawyers to certify their use of artificial intelligence (AI) in drafting legal briefs. This proposed rule, a first among the nation's 13 federal appeals courts, aims to regulate the use of generative AI tools like OpenAI's ChatGPT. Lawyers would need to confirm that any AI-generated text in court filings has been reviewed for accuracy, particularly citations and legal analysis. Failure to comply could result in filings being stricken and potential sanctions.This move comes as the legal community increasingly grapples with the implications of AI in the courtroom. The need for such a rule was highlighted by an incident in June, where two New York lawyers faced sanctions for submitting a brief with fictitious case citations generated by ChatGPT. The 5th Circuit's initiative follows similar actions by district courts in its jurisdiction, including the Eastern District of Texas, which recently announced a rule requiring lawyers to verify any computer-generated content.These measures reflect a growing awareness of the potential inaccuracies in AI-generated legal content and the importance of ensuring that AI tools do not replace the critical thinking and problem-solving skills required in legal practice. The 5th Circuit is currently seeking public comment on this proposal until January 4.US appeals court proposes lawyers certify review of AI use in filings | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

In this podcast, Kevin Bland and Karen Tynan discuss U.S. Department of Labor (DOL) data and statistics on workplace safety issues and reflect on how statistics and trends can help employers across different industries make business decisions. Kevin, who is a shareholder in Ogletree's Orange County office, and Karen, the West Coast chair of the firm's Workplace Safety and Health Practice Group, also discuss how employers can use DOL information on everything from inspection records and accident abstract records to records of no violation and strategic code records to make more informed decisions for their safety programs.

This week, we're providing an overview of (i) the year-over-year increase in Equal Employment Opportunity Commission (EEOC) lawsuits, (ii) New York's employee intellectual property (IP) law, and (iii) the collaborative agreement between the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL). Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw319 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

The U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2023-2 to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), passed in 2022. Now in effect in all states, the PUMP Act expands the Fair Labor Standards Act's (FLSA) workplace protections for all employees, not just nonexempt workers, who need to express breast milk.In this episode, Heather and Emily discuss the new guidance and how the DOL interprets and may enforce the PUMP Act, including available remedies for violation of any provision of the Act.

Our Guest today is Frederick G. Falker, an entrepreneur, a visionary, and a thought leader who has not only revolutionized the way we think about business but has also dedicated his life to empowering others to achieve their full potential. Lawyer on the Clock 5:43  United Auto Workers Union prepares targeted strikes as talks with the three major automakers (GM, Ford, and Stellantis) have stalled.  9:23 Department of Labor (DOL) has proposed substantial increases to the salary threshold for white collar exemptions. Employers' Lounge 13:00 Fred explains his statement, "Current DEI practices will never work because they are fundamentally wrong." 14:50 The four groups of employees inside organizations that run DEI programs; the frustrated, the angry, the ambivalent, and the weary and the dynamics of culture. 22:28 Leaders are feeling pressure to create an inclusive culture. 27:39 Senior leaders must commit to inclusion and take responsibility for it as much as they do safety in the workplace. 29:07 Anything that separates people into groups is doomed to fail. 30:19 Exclusion is not the big enemy of inclusions, it's failing to include people.

Healthcare is one of the largest and fastest-growing industries in the country, which effectively places a bullseye on employers for costly litigation and administrative claims. Fisher Phillips will discuss how industry norms have become costly missteps in terms of Department of Labor (DOL) investigations and employee litigation, and share some of the most common classification mistakes we see. Our focus will be on exempt status classification, employee v. contractor (W2 v. 1099) status, and related myths, all through the lens of federal wage and hour law. This podcast will highlight practical tips for employers to avoid and a blueprint for staying in compliance.

On this day in history, July 20, 1990, Supreme Court Justice William Brennan retired. William Joseph Brennan Jr., an influential American jurist, served as an Associate Justice on the Supreme Court of the United States from 1956 until 1990, making him the seventh-longest serving justice in history. To add some color to that run, he was appointed by President Eisenhower and his successor was appointed by George H. W. Bush. Brennan, originally from Newark, New Jersey, pursued economics at the University of Pennsylvania before studying at Harvard Law School, later practicing law privately in New Jersey and serving in the U.S. Army during WWII. He was appointed to the Supreme Court of New Jersey in 1951 and was placed on the Supreme Court by President Dwight D. Eisenhower in 1956 via a recess appointment.On the Supreme Court, Brennan was recognized for his progressive stance, opposing the death penalty, advocating for abortion and gay rights, and dissenting in over 1,400 cases where the court declined to review a death sentence. Brennan penned several landmark case opinions such as Baker v. Carr, Eisenstadt v. Baird, Craig v. Boren, and New York Times Co. v. Sullivan, significantly influencing American jurisprudence. His ability to negotiate votes and shape varied opinions led to his recognition as one of the court's most influential members, with Justice Antonin Scalia naming him "probably the most influential Justice of the [20th] century." He retired in 1990 and was succeeded by David Souter. Justice Brennan passed away in 1997 Senator Tom Cotton, a prominent critic of progressive initiatives, has cautioned law firms and their clients regarding their use of Diversity, Equity, and Inclusion (DEI) programs. Following the US Supreme Court's decision to nullify affirmative action in higher education institutions, the Arkansas Republican issued warnings to 51 national and global law firms, stating that their continued endorsement of DEI programs could potentially breach federal law. Cotton, who sits on the Senate Judiciary Committee, predicted that both Congress and private entities would use their respective powers to examine the surge in race-based employment practices.He also communicated to the firms, including Allen & Overy, Greenberg Traurig, and Hogan Lovells, that they should be prepared to answer to Congress if they persist with race-based programs. The notice extended beyond law firms, with Republican Attorneys General from several states also cautioning Fortune 100 CEOs against racially motivated hiring and recruitment practices. Cotton has previously issued similar warnings, including a communication to Target's CEO, advising against the company's DEI practices. Alongside other Republicans, Cotton had issued a warning in November to the same law firms concerning the risks associated with their Environmental, Social, and Governance practices.Big Law's Diversity Efforts May Be Illegal, GOP Senator WarnsDoorDash Inc., a major player in the gig economy, is testing a new hourly wage option for its drivers, which could potentially reshape their classification under federal labor laws. Currently, most gig economy companies, including DoorDash, categorize their workers as independent contractors, who do not receive the same protections as employees under federal employment laws. This new pay model might suggest DoorDash exercises a significant amount of control over its drivers, a key factor in determining whether a worker is an employee or a contractor.DoorDash maintains that the new payment structure gives drivers more choices and control over their pay, signifying an independent contractor status. This comes amidst ongoing debates about worker classification, with claims that companies exploit the independent contractor model to avoid the obligations associated with hiring employees.It's worth noting that both the Internal Revenue Service and the Department of Labor (DOL) suggest hourly pay may indicate an employment relationship. This discussion arises as the Biden administration seeks to define the independent contractor status under federal wage laws. However, it's too early to predict how the DOL or courts will interpret DoorDash's move and what influence it might have on other gig economy companies.DoorDash Tests Gig-Economy Model With New Hourly Wage OptionGun rights advocates are challenging Massachusetts' firearm regulations, sparking scrutiny from the US Supreme Court. These challenges follow last year's Supreme Court decision, New York State Rifles & Pistol Association Inc. v. Bruen, which altered how firearms laws are evaluated and left many questions unresolved. Four active suits are currently testing the interpretation of this decision.In one case, Granata v. Healey, gun owners and manufacturers are challenging the state's restrictions on malfunctioning handguns. Another case seeks to have Massachusetts' ban on assault weapons and large-capacity magazines declared unconstitutional.At the state level, one lawsuit argues that the law allowing a licensing authority to revoke a person's gun license if it deems them unsuitable is too vague under Bruen. Another case aims to apply Bruen's test to the state's law prohibiting people from carrying switchblades.The Supreme Court has agreed to hear United States v. Rahimi, a case concerning the constitutionality of a federal law barring persons subject to a domestic-violence restraining order from possessing guns. This case could provide more guidance on the implementation of Bruen. However, attorneys note that it will take years for courts to refine Bruen's boundaries, and many details, especially concerning weapons that did not exist in the 18th century, remain unresolved.Gun Rights Battles Brew in Massachusetts in Supreme Court's WakeA U.S. judge has denied former President Donald Trump's attempt to move his criminal case from New York state court to federal court. The case is related to hush money payments made to porn star Stormy Daniels before the 2016 presidential election. Trump was indicted in April in Manhattan on 34 counts of falsifying business records to conceal a $130,000 payment to Daniels, facilitated by his then-lawyer Michael Cohen.Trump, currently a front-runner for the 2024 Republican presidential nomination, argued that the case should be in federal court as it relates to his 2016 presidency and involves federal election law. However, Judge Alvin Hellerstein refuted these claims, stating that the case involves a personal matter unrelated to Trump's official acts as president.The judge also dismissed the argument that Trump has immunity and that the state charges were pre-empted because they were intended to defraud the voting public during a federal election. Trump's trial is set for March 2024 in the New York State Supreme Court, and it is yet to be confirmed whether he will appeal. Trump continues to argue that the case is politically motivated.Trump loses bid to move New York hush-money case to federal court | ReutersTesla has been instructed to turn over some of CEO Elon Musk's emails to JPMorgan Chase as part of an ongoing lawsuit. The case originates from a dispute over a bond contract that came about after Musk's 2018 tweet about potentially taking Tesla private. JPMorgan claims that Musk communicated about this plan through his SpaceX account. The bank has accused Tesla of breaching a 2014 contract related to stock warrants that it sold to JPMorgan, which it alleges increased in value due to Musk's tweet.The bank has sued Tesla for $162.2 million, arguing it had to reprice the warrants after Musk's tweet, and the subsequent increase in Tesla's stock price necessitated payments that Tesla has not made. Tesla counter-sued JPMorgan, accusing the bank of seeking a "windfall" when it repriced the warrants.Musk, who bought Twitter for $44 billion in 2021, agreed as part of a 2018 deal with the U.S. Securities and Exchange Commission to get preapproval for certain tweets from a Tesla lawyer. His attempt to terminate this agreement is currently being considered by a federal appeals court.Tesla to hand over Musk's emails to JPMorgan in lawsuit over 2018 tweet | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

Host Gregg N. Sofer is joined by Husch Blackwell senior associate Rebecca Furdek to discuss the recently concluded Securities and Exchange Commission (SEC) enforcement action concerning McDonald's and its former CEO Stephen Easterbrook. In November 2019 McDonald's fired Easterbrook “without cause,” entitling Easterbrook to a large package of compensation. Later, after a second internal investigation uncovered additional indiscretions and falsehoods, McDonald's sued Easterbrook to claw back $100 million-plus in compensation.Enter the SEC: it commenced its own investigation, culminating in an order finding that Easterbrook violated the anti-fraud provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 and that McDonald's violated Section 14(a) of the Exchange Act and Exchange Act Rule 14a-3 because it “failed to disclose that the company exercised discretion in treating Easterbrook's termination as without cause in conjunction with the execution of a separation agreement valued at more than $40 million.”The order breaks new ground for the SEC in its claims that McDonald's use of discretion regarding Easterbrook's termination was a “material element of CEO compensation,” as Mark Cave, Associate Director of the Division of Enforcement later termed it. Gregg and Rebecca discuss the implications of the SEC order, as well as the substance of the strident dissent entered by two of the Commission's commissioners.Gregg N. Sofer BiographyGregg counsels businesses and individuals in connection with a range of criminal, civil and regulatory matters, including government investigations, internal investigations, litigation, export control, sanctions, trade secrets and regulatory compliance. Prior to entering private practice, Gregg served as the United States Attorney for the Western District of Texas—one of the largest and busiest United States Attorney's Offices in the country—where he supervised more than 300 employees handling a diverse caseload, including matters involving complex white-collar crime, contract fraud, national security, cyber crimes, public corruption, money laundering, export violations, trade secrets, tax, large-scale drug and human trafficking, immigration, child exploitation and violent crime.Rebecca Furdek BiographyA senior associate in Husch Blackwell's Milwaukee office, Rebecca is a member of the firm's White Collar, Internal Investigations & Compliance team and regularly helps clients navigate today's regulatory and government enforcement landscape. Before joining Husch, Rebecca served as Counsel to the Solicitor at the U.S. Department of Labor (DOL), where she gained firsthand insight into federal agency rulemaking and administrative enforcement. Prior to her government service, Rebecca worked as an associate in the Washington, D.C. office of a global law firm, focusing on litigation and government enforcement, and began her legal career as a judicial law clerk at the U.S. District Court for the Northern District of Texas. During law school, she served as a law clerk with the U.S. Senate Judiciary Committee.

VISA PROGRAM PRIMER FROM THE DECEMBER 2022 ISSUE OF GROWERTALKS MAGAZINE WRITTEN BY SHAWN PACKER NARRATED BY BILL CALKINS   EXCERPT: Many employers turn to the temporary foreign guestworker visa programs like the H-2A and H-2B visa—so much so that we're seeing record numbers of applications. In 2021, the U.S. Department of Labor (DOL) certified 317,619 H-2A temporary agricultural visas and 181,451 H-2B temporary non-agricultural visas. That's up from a DOL certified 200,049 H-2A visas and 133,985 H-2B visas in 2017.    Here are five things you should consider before embarking on this journey of hiring workers under these programs.  

What is the WARN Act?This week we discuss the WARN Act and why you need to know about it. How you can use the WARN Act to benefit you and some resources, you can use to learn more about the WARN Act. Here are a few: The United States Department of Labor (DOL) website has a section dedicated to the WARN Act, which includes a comprehensive overview of the law, FAQs, and links to additional resources: https://www.dol.gov/agencies/eta/layoffs/warn The Society for Human Resource Management (SHRM) is a professional organization for human resources professionals and has a section on its website with information about the WARN Act: https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/stay-in-line-with-federal-state-local-warn-laws.aspx These resources should provide you with a good starting point for learning more about the WARN Act.00:00 - Intro01:55 - What is the WARN Act02:59 - Why should I know about the WARN Act03:49 - Link to the WARN report04:22 - Why has the WARN Act not gone viral05:51 - Employer criteria for WARN06:50 - Always be ready07:54 - Do not look at the report every day08:19 - Educate yourself 09:21 - Find the trends - it can improve your business development10:01 - Names are listed11:27 - Your company and role are listed - what do you do now13:04 - You need to educate yourself15:11 - You have to know how your company is doing/Be awareWe want to hear from you! Connect with us on Instagram at @talent_takeover_unfilteredNow you can own Talent Takeover Unfiltered merch, shop: https://shop.thriversity.io/collections/talent-takeover-unfiltered-merch

The U.S. Department of Labor (DOL) administers and enforces more than 180 federal laws related to workplace activities. While your company may not have to comply with every one of them, in this week's episode, I'll share some major federal employment laws and governing bodies that HR professionals will almost certainly come across.Thank you for listening to this podcast. We will continue to keep you updated on the changing landscape of Human Resources and address any topic area you wish to learn more about regarding HR and HR Compliance. Please leave a comment below as we value your feedback or if you have an HR question ask and we just might make your question our next episode!Follow HR Shield Online Here:YouTube: https://youtube.com/TheHRShieldInstagram: https://instagram.com/HRShieldFacebook: https://facebook.com/HRShield Twitter: https://twitter.com/HR_Shield Podcast: https://hr-rescue-human-resour.captivate.fmWebsite: https://HR-Shield.com Store: https://HR-Rescue.comEnable our Alexa Skill!!! Just say, “Alexa enable HR Shield!”About HR ShieldDo you own a small business? Are you considering starting a business? Does hiring an HR professional not fit your budget and current cash flow? Whether you are a newly certified HR professional, business owner, office manager, student or a general curious person HR Shield are certified HR specialists that provide quick, accurate and simple answers to common HR and business questions. Our mission at HR Shield is to impact those small and midsize companies that don't yet understand the value or can't yet afford to hire a full-time certified HR professional. Our goal is to educate the small business owner and help them understand the importance and impact an HR professional can have on their company and one day hire a full time certified professional.In addition to working with the small to mid-size business owner we provide a full white label HR portal and HR hotline for payroll companies, PEOs and staffing companies and support their small business owner clients.

Understanding the H2A Process/Program Shay Foulk – Ag View Solutons, Profit Manager Pre-RollAround the room solo introductionKeep sending those ideas to farm4profitllc@gmail.com or find us all over social media. We greatly appreciate YOUR help in growing our audience.Topic for the day – Labor is getting harder to find, could using the H2A program be the solution for you?John Deere Mid-Roll Commercial Introduce Guests:Bio #1Bio#2 What is H2A?The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.What does it take to qualify for the H-2A Program?a business's need for workers must:• be agricultural in nature,• not involve processing a commodity from its raw state into an altered state (e.g., canning), and• be temporary (generally less than ten months long).The business must also be able to prove that it is unable to find qualified American workers for open job positions—and that hiring H-2A workers will not put American workers at a disadvantage.The ProcessPre-Filing – The government requires a lot of information from you before it will grant you a Temporary Labor Certification.2. SWA – We then submit your Application, on your behalf, to your local State Workforce Agency (SWA).3. DOL – We then submit, on your behalf, the approved Application, along with additional information and documentation, to the U.S. Department of Labor (DOL).4. Advertising – The DOL then posts the details of the job on seasonaljobs.dol.gov. The process then pauses for about a week5. USCIS – We generate a Petition for a Nonimmigrant Worker and submit it, on your behalf, If you are trying to hire workers who are outside of the country, the USCIS sends the visa petitions to the applicable consulate. The workers then go to the consulate and undergoan interview.TimeframesIn general, the whole process, from application to worker arrival, takes about 90 days.When Should You Apply?H-2A regulations only allow employers to submit Applications for Temporary Labor Certification 60-75 days before the date on which they need workers to arrive.During the application process, you will choose a start and end date (your Period of Need) for the workers. These dates should reflect your need for workers as accurately as possible.How Many Workers Should You Request?As with your period of need, the number of workers you request certification to hire must accurately reflect your actual needs.Employers should never request more workers than they expect they will need.If You Need Workers at Different Times of the Year, you may be able to submit multiple applications and obtain certification to hire workers during each period. If the two or more periods are related but do not, together, cover more than 10 months of the year, you can usually submit multiple applications—one for each period.Give an ExampleEmployer ObligationsProvide workers (H-2A and American) with work contracts orcopies of the Approved Job Order (ETA Form 790).Reimburse workers for their transportation and subsistence expenses within the first pay period, including:o the Consulate Fee of $190,o the round-trip plane tickets, ando subsistence costs, including food, lodging, and fuel costs• Help the workers get everything they need upon arrival,including:o a driver's license/CDL (if required for the job),o a Social Security Card, ando a bank account.• Give the workers what they need for the job, including:o free housing that meets OSHA or ETA standards, depending on when it was built,o free transportation to and from the worksite every day and to the grocery store once a week, ando any required tools, safety gear, including a means of two-way communication (e.g., a cell phone).• Ensure all H-2A workers are covered by Worker's Compensation at all worksites for the entire contract period.• Pay workers, at a minimum, the state minimum wage, the federal minimum wage, the prevailing wage, or your state's Adverse Effect Wage Rate (as published by the Department of Labor), whichever is the highest.• Pay workers at least twice per month. • Provide each worker with a pay slip at the end of every pay period. You can find a pay slip template with all the required fields on our database. • If your state requires it, pay workers the time-and-a-half rate for overtime. In most states, H-2A workers are exempt from overtime. However, some states, like California and Minnesota, require employers to pay the overtime rate if workers work more than a set number of hours.• Never take deductions from a worker's paycheck, except as required by law (e.g., taxes, if applicable) or as specified on your Application for Temporary Labor Certification.• If you have American workers performing the same duties as H-2A workers, pay them at least the same wage rate and offer them the same benefits. Meal ArrangementsEmployers are partially responsible for worker meals. Employers must choose and adhere to one of the following options for the duration of the work period:• Option 1: You provide three meals a day for each worker. In this case, you may charge each worker (or deduct from their pay) the daily rate set by the Department of Labor for the provided food. This rate changes periodically. You can find the current rate on the DOL's website or by contacting us.• Option 2: You furnish free and convenient cooking and kitchen facilities for workers to prepare their own meals and provide them with free transportation once a week to purchase groceries. Three-Quarter RuleThe Three-Quarter rule requires you to guarantee a worker employment and payment for at least 3⁄4 of the work hours in the contract period.What are some best practices you have seen successful farms using?Can you share labor with a neighboring farmer?What types of penalties exist if you don't follow the rules?Are the rules subject to change with upcoming legislation?  Is the program in jeopardy?Anything else we should cover?Please share contact information and any additional resources.What does Success look like to you?

If you are at all involved with workplace retirement plans, you would have to have been living under a rock to have not heard about SECURE 2.0. It is a hot topic, while also ambitious and even confusing. With all those factors, I couldn't think of a better person to join me to wade through all this than Alison Cohen, Partner at the Ferenczy Benefits Law Center. We do cover a lot ground today so get ready. Also, while there has been a lot announced, keep in mind many new provisions don't go into affect for one or more years and we still will need guidance from the IRS or others to answer many basic and logical questions.   Guest Bio Alison J. Cohen, J.D., APA, APR is a Partner with Ferenczy Benefits Law Center in Atlanta, Georgia. She advises clients on many issues related to qualified retirement plans, including design, mergers and acquisitions, audits, and operational issues. Alison commonly works with clients that have operational issues to guide them through the Internal Revenue Service (IRS) and/or Department of Labor (DOL) corrective programs, prepare corrective filings, and prepare and support clients through an audit conducted by the IRS and/or DOL. Alison is a member of the Georgia and California State Bars. Prior to joining Ferenczy Benefits Law Center, Alison worked at a large bundled service provider for nearly 16 years as an Associate Vice President, Compliance Manager and Regulatory Liaison. As part of her responsibilities there, Alison served as a national speaker on audit and correction issues. She served on the Employee Plans Subcommittee of the IRS Advisory Committee on Tax-Exempt and Governmental Entities (ACT). Alison has been actively involved with the National Institute of Pension Administration (NIPA) serving as a speaker, author, and developer/teacher. In 2019, Alison received NIPA's Excellence in Education Award, which recognizes outstanding educators within the national membership who have made significant contributions and improvements to NIPA's educational programs. Alison holds designations as an Accredited Pension Administrator (APA) and an Accredited Pension Representative (APR) from NIPA.  Alison is the former first President and an active member of the Pension Education Council of Atlanta (PECA). Alison is a co-author of The Plan Correction eSource and in 2019 she also assumed co-authorship of ERISA: A Comprehensive Guide. Alison speaks frequently on qualified retirement plan topics and issues, bringing a sense of humor and practical solutions to clients, colleagues, and industry professionals.   401(k) Fridays Podcast Overview Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 250 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode every other Friday!

Episode 109 - Battling Spina Bifida into a Successful New Age Life.   Nathan Gutierrez joins the Battle Warrior Podcast and we chat about overcoming Spina Bifida, developing perseverance, and creating a strong successful life. He is one of the top speakers hired by many top corporate and non profit sectors across this great nation.    Born with Spina Bifida, a physical disability affecting the use of his legs, Nathan views his disability as an asset rather than a liability. After receiving his undergraduate degree in Business Administration, Nathan was hired as the director of the League of Dreams, a sports-focused nonprofit organization for children with special needs, he oversaw the expansion of the program including the oversight of one of the first accessible baseball fields in California, in partnership with the local Recreation and Parks department.    Nathan went on to work in Workforce Development as an Analyst where he led an interdepartmental team of management and staff on a special project by the U.S. Department of Labor (DOL) to develop a program to help people who are deaf and hard of hearing secure permanent employment. The program application was one of 14 nationwide where Nathan had the opportunity to travel to Washington D.C. where he presented the pilot program to DOL officials at the White House. He is also a 2x TEDx speaker.   Nathan speaks on topics including overcoming adversity and leveraging challenges into opportunities. His presentations are suitable for corporations, associations, nonprofits, and high schools.   Our mission is to provide new information to strive for a phenomenal life through physical, mental, and spiritual mindsets.    We are past the 100 episode mark, If you have a story or excel file in these topics below, and create some magic!   - Entrepreneurship - Fitness - Advocate of Freedom   The Battle Warrior Podcast is a subsidiary of www.battle-warrior-brands.com, apparel supporting perseverance and creating a new life after trauma.

A proposed rule change by the Department of Labor (DOL) could have radical effects on home building, construction costs, and adversely affect the industry. Find out what the current rules are, what the proposed changes are and how it can affect home building, remodeling, and other related construction industries. If you are in the trades you MUST tune in to this. If you are considering building or buying a home this is also very valuable information. Thanks for listening! Have a comment, potential guest, idea for topic, or want to sponsor our show? Email: homebuildinghero@yahoo.com Twitter: @building_hero Facebook: www.facebook.com/homebuildinghero Instagram: @homebuildinghero Thanks to our studio sponsor LP Building Solutions! To learn more about my homes visit Belman Homes and When you have a moment, pick up a copy of my new Amazon Best Selling book "Leadership Growth Hacks" at https://amzn.to/2ZBRuN3

A major ruling by the Department of Labor (DOL) in the US has removed the final ESG (environmental, social and governance) investment barrier, allowing for greater consideration of ESG factors within retirement plans.  Lazaro Tiant, Investment Director for Sustainability at Schroders, joins Ron Insana, Senior Advisor to Schroders and CNBC contributor, to discuss the DOL's ruling and what it means for US and global investors. NEW EPISODES: The Investor Download is available every Thursday and will be released at 1700 UK time. You can subscribe via Podbean or use this feed URL (https://schroders.podbean.com/feed.xml) in Apple Podcasts and other podcast players. GET IN TOUCH: mailto: Schroderspodcasts@schroders.com find us on Facebook send us a tweet: @Schroders using #investordownload READ MORE: Schroders.com/insights LISTEN TO MORE: schroders.com/theinvestordownload Important information. This podcast is for investment professionals only. This information is not an offer, solicitation or recommendation to buy or sell any financial instrument or to adopt any investment strategy. Any data has been sourced by us and is provided without any warranties of any kind. It should be independently verified before further publication or use. Third party data is owned or licenced by the data provider and may not be reproduced, extracted or used for any other purpose without the data provider's consent. Neither we, nor the data provider, will have any liability in connection with the third party data. Reliance should not be placed on any views or information in the material when taking individual investment and/or strategic decisions. Any references to securities, sectors, regions and/or countries are for illustrative purposes only. The views and opinions contained herein are those of individual to whom they are attributed, and may not necessarily represent views expressed or reflected in other communications, strategies or funds. The value of investments and the income from them may go down as well as up and investors may not get back the amounts originally invested. Exchange rate changes may cause the value of any overseas investments to rise or fall. Past Performance is not a guide to future performance and may not be repeated. The forecasts included should not be relied upon, are not guaranteed and are provided only as at the date of issue. Our forecasts are based on our own assumptions which may change.

On April 14, 2022, the Department of Labor (DOL) outlined a range of practices for combatting the growing threat of cybercrime to ERISA-covered retirement plans. Co-hosts Beth Garner and Joanne Szupka sit down with Greg Schu, Partner, Cybersecurity – National PCI Compliance Lead, BDO Digital, to discuss the implications of guidelines and what steps plan sponsors can take to help safeguard plan assets and participants' vital information. Key Takeaways:[01:32] Background on DOL's recently released cybersecurity guidelines [04:44] Beth introduces Greg Schu with the BDO Digital team [07:23] Understanding the scope of the DOL guidance [08:33] Taking stock of controls through SOC 2 Reporting [13:11] Ensuring that the correct policies and procedures are in place[18:09] Conducting prudent risk assessments [22:42] Making sure you read and understand reporting from your Service ProviderListen to our next episode for part 2 of this two-part series on cybersecurity, where we will continue our discussion with Steve Combs, Managing Director, Cloud Security & Infrastructure (CS&I), BDO Digital.Resources:BDO.comBeth on LinkedInJoanne on LinkedInGreg Schu on LinkedIn Related Insight:DOL Issues Cybersecurity Guidance For Retirement Plans

Between the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the rest of the alphabet soup of government agencies, employers definitely have their hands full when it comes to maintaining compliance over hiring decisions. This situation is especially true for small and medium-sized employers, who can already be stretched thin when it comes to their resources in general. In this week's episode we share an overview of some critical compliance laws that HR must maintain throughout the recruiting process. Thank you for watching this video. We will continue to keep you updated on the changing landscape of Human Resources and address any topic area you wish to learn more about regarding HR and HR Compliance.  Please leave a comment below as we value your feedback or if you have an HR question ask and we just might make your video! Follow HR Shield Online Here: YouTube: https://youtube.com/TheHRShield (https://youtube.com/TheHRShield) Instagram: https://instagram.com/HRShield (https://instagram.com/HRShield) Facebook: https://facebook.com/HRShield (https://facebook.com/HRShield) Twitter: https://twitter.com/HR_Shield (https://twitter.com/HR_Shield) Podcast: https://hr-rescue-human-resour.captivate.fm/ (https://hr-rescue-human-resour.captivate.fm) Website: https://hr-shield.com/ (https://HR-Shield.com) Store:  https://hr-rescue.com/ (https://HR-Rescue.com) Enable our Alexa Skill!!! Just say, "Alexa enable HR Shield!" About HR Shield Do you own a small business?  Are you considering starting a business? Does hiring an HR professional not fit your budget and current cash flow? Whether you are a newly certified HR professional, business owner, office manager, student or a general curious person HR Shield are certified HR specialists that provide quick, accurate and simple answers to common HR and business questions.  Our mission at HR Shield is to impact those small and midsize companies that don't yet understand the value or can't yet afford to hire a full-time certified HR professional.  Our goal is to educate the small business owner and help them understand the importance and impact an HR professional can have on their company and one day hire a full time certified professional. In addition to working with the small to mid-size business owner we provide a full white label HR portal and HR hotline for payroll companies, PEOs and staffing companies and support their small business owner clients.