Authors: Patricia Anderson Pryor, Joy M. Napier-Joyce, Melissa Ostrower and Tasos C. Paindiris Corporate management and directors should plan for changes and be aware of policies and fiduciary responsibilities. This can include preparing for public and employee reactions (for and against), legislative and law enforcement threats, social media posts, and other employee demonstrations. Pressure from a variety of groups […]
USA: Treaty of Commerce and Navigation Visas as Work Visa Option for Manufacturing Companies
Authors: James M. Stone and Kimberly M. Bennett In their search for skilled workers, manufacturers should not overlook countries with which the United States maintains a treaty. Such treaty countries offer an additional avenue to find skilled, non-professional employees. Many employment-based visas, such as the nonimmigrant H-1B or TN visas, are not feasible options for skilled, non-professional […]
USA: Carried Interest/Promote in 2022 – Action Items for Investment, Private Equity, Real Estate Fund Managers
Author: Adam B. Cantor Investment, private equity, and real estate fund managers should consider becoming familiar with the complex final regulations on the preferential tax treatment of “carried interest” under Section 1061 of the Internal Revenue Code (Code) that are generally effective for taxable years beginning on or after Jan. 1, 2022. Preferential Treatment of […]
USA: U.S. Supreme Court Holds Waiver of Arbitration Rights Does Not Require Showing of Prejudice
Authors: Samia M. Kirmani, Scott P. Jang, William Robert Gignilliat, IV and Corey Donovan Tracey A party is not required to show prejudice to establish that an opposing party has waived its right to arbitrate by litigating in court, the U.S. Supreme Court has held in a unanimous decision. Morgan v. Sundance, Inc., No. 21-328 (May 23, 2022). Although […]
USA: Transferring Talent from Facilities Abroad as Option for Skilled Workers for Manufacturing Companies
Author: Nicola Ai Ling Prall Using treaty of commerce and navigation visas as a possible option for manufacturing companies searching for talent is a great way for manufacturing companies to explore. Companies with affiliates abroad can also explore L-1 visas as an option. L-1 workers are approved for an initial period of three years. L-1A workers […]
USA: Construction: Labor Department Proposes Rule to Expand Coverage of Davis-Bacon Act and Regulations
Author: Brian P. Lundgren The U.S. Department of Labor (DOL) has announced proposed rulemaking to update and expand the prevailing wages and other regulations under the Davis-Bacon Act, which applies to federal and federally assisted construction projects. The Davis-Bacon Act was created in 1931 to require contractors and subcontractors performing on federally funded or assisted contracts for […]
USA: President Biden Signs Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims
Authors: Samia M. Kirmani, Scott P. Jang, William Robert Gignilliat, IV and Corey Donovan Tracey On 3 March 2022, President Joe Biden signed a law that limits the use of predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims. As anticipated, President Biden has signed into law the Ending Forced Arbitration of Sexual Assault […]
USA: Sands Shift for Background Screening for Manufacturers
Authors: Kristina H. Vaquera and Shaun M. Bennett Manufacturers have other reasons to want to know about their workers. Manufacturing employees often operate equipment or control processes that require vigilant attention and where, for example, drug impairment might have severe consequences. In addition, other manufacturing employees have access to large quantities of valuable supplies, making potential theft […]
USA: Treaty of Commerce and Navigation Visas as Work Visa Option for Manufacturing Companies
Authors: James M. Stone and Kimberly M. Bennett In their search for skilled workers, manufacturers should not overlook countries with which the United States maintains a treaty. Such treaty countries offer an additional avenue to find skilled, non-professional employees. Most companies in the manufacturing industry are facing worker shortages in skilled, but not necessarily professional, positions, requiring […]
USA: Project Labor Agreements on Large-Scale Federal Construction Projects Required by Executive Order
Authors: Kristina H. Vaquera and H. Matthew Blasko A project labor agreement (PLA) will be required prior to awarding federal construction projects valued at $35 million or more to any construction contractors and subcontractors under the Executive Order on Use of Project Labor Agreements for Federal Construction Projects signed by President Joe Biden while visiting Ironworkers Local 5 in […]