A federal judge for the U.S. Eastern District of Texas vacated the National Labor Relations Board’s new joint-employer rule, finding the rule too expansive. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553...more
Like all employers, manufacturers tend to hold strong opinions about the use of performance reviews and evaluations in the workplace. Whether performance reviews make sense for a given manufacturer usually requires an...more
After the United Auto Workers’ (UAW) labor contracts with the “Detroit Three” automakers expired on September 14, 2023, and the parties were not able to agree on new contract terms, the UAW began striking at targeted plants...more
9/19/2023
/ Automotive Industry ,
Department of Labor (DOL) ,
Foreign Workers ,
Furloughs ,
H-1B ,
Labor Certifications ,
Strike ,
UAW ,
Unemployment Benefits ,
Unions ,
USCIS ,
Work Visas
As the United States carries out projects funded by the Infrastructure Investment and Jobs Act, the Inflation Reduction Act, and the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act, the manufacturing...more
9/14/2023
/ Clean Energy ,
Critical Infrastructure Sectors ,
Domestic Corporations ,
F-1 Visa ,
H-1B ,
Immigrants ,
Immigration and Nationality Act ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Labor Shortage ,
Manufacturers ,
Semiconductors ,
STEM ,
Technology Sector ,
USCIS ,
Visa Caps
Under the Americans With Disabilities Act Amendments Act (ADAAA), employers have a viable defense to an Americans With Disabilities Act (ADA) “regarded as” claim if the impairment in question was “transitory and minor,”...more
Harassment in the workplace can occur anywhere and manufacturing facilities are no different. Manufacturers can take steps to increase their ability to prevent harassment and to effectively respond to harassment claims....more
For decades, to increase efficiency and to reduce costs, manufacturers adopted the just-in-time approach, carefully tying manufacturing and staffing capabilities to meet demands without creating surplus. Recent supply-chain...more
Manufacturers wanting to protect their trade secrets, especially those related to the production of custom products made for specific customers, should consider some general practices that can increase the likelihood of...more
Both the House and Senate have passed legislation under the Railway Labor Act to avoid a railroad strike by imposing the bargaining agreement brokered by President Joe Biden in September 2022....more
President Joe Biden has asked Congress to step in and enact legislation in the hopes of preventing a nationwide railway strike.
The move comes after four of 12 national railroad labor unions rejected a proposed bargaining...more
The United States imported more than $385 billion worth of goods from Mexico in 2021. Mexico is America’s second largest trading partner, and many U.S. manufacturing companies, including the automotive and aerospace...more
Through its decisions, the five-member National Labor Relations Board interprets the National Labor Relations Act. These decisions set rules that regulate unionized and non-unionized workplaces, including the relationship...more
9/30/2022
/ Acquisitions ,
Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Manufacturers ,
NLRA ,
NLRB ,
Secret Ballot ,
Strike ,
Union Organizers ,
Unions ,
Wage and Hour
The National Labor Relations Board (“NLRB” or “the Board”) has proposed a new rule for determining joint employer status under the National Labor Relations Act (“NLRA”)....more
The COVID-19 pandemic and other global events have forced companies to assess their fundamental operations. Chief among the considerations of U.S. companies in 2022 is how potentially relocating manufacturing can mitigate the...more
The move toward automation was underway in the manufacturing industry well before the current labor shortage triggered by the COVID-19 pandemic. Now, employee departures and the wage increases in an effort to retain and...more
As manufacturers rebound from the disruptive impact of the COVID-19 pandemic and begin putting more employees back to work, they should be prepared for a corresponding increase in requests for accommodation from assembly line...more
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....more
Retirement plan disclosures required by the Employee Retirement Income Security Act (ERISA) may be delivered by electronic media under the Department of Labor’s (DOL) updated electronic distribution regulation....more
In December 2021, the National Labor Relations Board (NLRB) announced it will issue proposed rulemaking on the standard for determining whether two employers are “joint employers” under the National Labor Relations Act (NLRA)...more
Workers at a General Motors Co. (GM) plant in Mexico have voted in favor of union representation. The vote was made possible by Mexico’s new labor law, which was enacted as a result of the United States-Mexico-Canada...more
With the “Great Resignation” reportedly affecting the manufacturing sector more than other sectors, many manufacturers need to work harder than ever to find and keep qualified workers. This problem is compounded when business...more
1/19/2022
/ Coronavirus/COVID-19 ,
Diversity ,
Hiring & Firing ,
Human Resources Professionals ,
Manufacturers ,
Rate of Pay ,
Recruitment Incentives ,
Remote Working ,
Wage and Hour ,
Work Schedules ,
Workplace Safety
The U.S. House of Representatives has passed the Build Back Better Act (BBBA) (H.R. 5376) by a vote of 220–213. Supported by the Biden Administration and congressional Democrats, the controversial bill heads to the Senate for...more
11/30/2021
/ Affordable Care Act ,
Child Care ,
Clean Energy ,
Employee Contributions ,
Energy Storage ,
Family and Medical Leave Act (FMLA) ,
Individual Retirement Account (IRA) ,
Joe Biden ,
NLRA ,
OSHA ,
Popular ,
Proposed Legislation ,
Retirement Plan ,
Roth IRA ,
Solar Energy ,
Tax Credits
On November 15, 2021, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. According to the White House, the IIJA will play an important role in rebuilding and improving roads,...more
11/24/2021
/ Anti-Money Laundering ,
Climate Change ,
Construction Industry ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cybersecurity ,
Davis-Bacon Act ,
Drinking Water ,
Employee Retention ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Environmental Remediation Costs ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
IRS ,
Joe Biden ,
Labor Shortage ,
Manufacturers ,
Popular ,
Roads ,
Technology Sector ,
Transportation Industry ,
Wage and Hour
The Occupational Safety and Health Administration (OSHA) had announced this spring its intention to implement a new heat illness standard that will apply to indoor environments. Now, the U.S. Department of Labor has announced...more
The labor shortage has forced many manufacturers to adopt new strategies to meet their staffing needs. As commentators in the Jackson Lewis Manufacturing Industry Group have previously written, these include adjusting...more