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Since Illinois first enacted the Day and Temporary Labor Services Act (the “Act”) in 2006, the number of temporary workers in the state has more than doubled, from 300,000 to over 650,000 workers. The number of registered temporary worker agencies has also doubled, from 150 to over 300. To address...

On August 1, 2023, the Department of Homeland Security (“DHS”) introduced a process for qualified E-Verify employers to complete I-9 verification in a completely remote manner. Unlike during the DHS COVID-19 temporary flexibilities period, this alternative procedure does not require a physical...

Have you ever wondered about what types of benefits and executive compensation issues you should be thinking about in M&A transactions? This presentation provides an overview of these topics and an issue spotting guide, which will be beneficial for those involved in M&A and for those who otherwise...

Last week, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued proposed regulations implementing the Pregnant Workers Fairness Act (“PWFA” or the “Act”). The public has until October 10 to comment on the EEOC’s proposed regulations. Background: The Pregnant Workers Fairness Act The PWFA...

As employees continue to work fully remote, courts will be tasked with determining what state discrimination law applies to an employee who does not live or work in the same state as their employer. In grappling with this question with no precedent from New Jersey’s highest court, the United States...

Since 2017, employers have been able to rely on The Boeing Company, 365 NLRB No. 154 (2017) (“ Boeing”), for relatively clear guidance on the lawfulness of their work rules (including employee handbook policies and manuals). In Boeing, the Board delineated categories of work rules: certain rules...

Cannabis Legal & Business Issues for Employers & Employees There is no shortage of legal issues and regulations about which employers and employees must be aware. And with the introduction of state-legalized cannabis products for both medicinal and adult use, the legal landscape governing these...

Last week, the Supreme Court issued two significant decisions impacting employers nationwide. The Court’s holding in Groff v. DeJoy requires employers to grant religious accommodations to employees, unless such accommodations would cause substantial increased costs in relation to the conduct of the...

This week we move away from the world of the standard retirement or health and welfare plans and into the world of executive compensation. Executive compensation arrangements provide a company with a highly flexible benefit to further attract and retain top talent. Issues in design and...

New York is on the brink of joining the growing list of states and federal agencies that disfavor or outright ban non-compete agreements. On June 20, 2023, the New York legislature passed a bill that would prohibit employers in the state from using non-compete agreements. The bill now awaits final...

In the past two weeks, we have presented a few items that plan sponsors can review in hopes of curbing common employee benefits and executive compensation errors. This week in our Employee Retirement Income Security Act of 1974 (“ERISA”) series, we touch on a small sample of common health and...

Special Taxing Regimes and Tax Incentives in Latin America and the United States The panel will consider the various special tax regimes and tax incentives that are available in Latin America and the United States. Special consideration will be given to the ESG initiatives that are giving rise to...

For better or for worse, the 401(k) plan has moved to center stage in the context of American retirement policy. Fittingly, Part 2 of this Employee Retirement Income Securities Act of 1974 (“ERISA”) driven series focuses on a handful of common misses that occur with 401(k) plans. Not Knowing the...

The Employee Retirement Income Security Act of 1974 (“ERISA”) has a reputation for being intimidating and understandably so. Although plan sponsors must practically consider business needs and evaluate benefits alongside general labor and employment considerations, ERISA’s fiduciary standards may...