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

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

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

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

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

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

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

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

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