Category Archives: Uncategorized

Pre-Employment Tests: Best Practices to Minimize Risks



While pre-employment tests can be a useful tool in the hiring process, such tests are susceptible to legal challenges and employers should exercise diligence in implementing and validating these tests. In this episode, Rae Gross and Sarah Kuehnel explore the legal parameters of pre-employment testing and provide best practices for ensuring these tests withstand legal scrutiny.


Drug Testing in the Manufacturing Industry: Top Tips for Legal and Effective Policies



Employers may be finding it difficult to keep pace with the increasing number of state and local drug testing laws—and in safety-sensitive work environments, like those in manufacturing, there are many issues to consider. In this podcast, Bud Bobber and Mike Clarkson discuss best practices for manufacturers on maintaining effective and legal drug testing policies and procedures.


Understanding the Latest IRS Guidance on 401(k) Hardship Distributions



In 2018, Congress passed legislation and the IRS issued proposed regulations relaxing the requirements for 401(k) plan hardship distributions. In this podcast, David Rosner and Taylor Bracewell follow up on their earlier blog and discuss the previous hardship distribution requirements and how the new guidance will affect 401(k) plans and participants.


An H-1B Primer for the Cap Season and Beyond



H-1B visas have long been a popular choice for employers, but this mainstay of the non-immigrant visa class presents employers with a number of challenges, including competition for limited numbers of visas, increased scrutiny, and some new procedural twists that are being developed. Miguel Manna will explain the current state-of-play for the H-1B visa and share his insights to help employers plan appropriately.


Most Common OSHA Citations in Construction—And How to Avoid Them



In this podcast, Frank Davis and Jeff Leslie discuss common OSHA citations issued in the construction industry, including citations related to fall protection, scaffolding, ladders, and eye and face protection. They will also discuss best practices for spotting potential issues and avoiding these citations.


Most Common OSHA Citations in Manufacturing—And How to Avoid Them



In this episode, Ron Chapman and Frank Davis cover some of the most common OSHA citations issued to manufacturers, from hazard communications to respiratory protection, and more. They will also discuss best practices for spotting potential issues and avoiding these citations.


Animals as Accommodations in the Workplace and in Businesses



Many employers and public accommodations are seeing an increase in requests for animals as an accommodation under the Americans with Disabilities Act (ADA). In this episode, Jim Paul and David Raizman discuss the use of service animals in the workplace and in those businesses and organizations that are ADA “public accommodations,” including best practices for handling employee requests for service animals, which animals qualify as service animals, and special rules applicable to places of public accommodation.


Workplace Violence: Key Updates and Steps for Prevention



Workplace violence continues to be a critical issue for employers, and taking steps to prevent workplace violence is key. Recent legislation, if passed, would force the Occupational Safety and Health Administration (OSHA) to issue a rule on workplace violence requiring certain employers to develop and implement a comprehensive workplace violence prevention plan. In this podcast, Dee Anna Hays and Shontell Powell discuss the significance of the pending bill and steps that all employers can take to minimize the threat of workplace violence.


Jump Start Your Diversity and Inclusion Program



In this podcast, Kimya Johnson and Michelle Wimes discuss ways that employers can address diversity and inclusion (D&I) in the workplace, including best practices for starting D&I programs or improving those already in existence. They will cover how companies can best structure their programs for success, general legal parameters, current trends in D&I programming, and challenges that companies may face.


The Life of an ERISA Claim: Know the Basics and the Pitfalls



In this podcast, Byrne Decker and Steven Silver cover need-to-know basics on the Employee Retirement Income Security Act of 1974 (ERISA), including when ERISA applies, common challenges for employers, and how ERISA claims are litigated. They also discuss issues that may come up for sports industry employers such as handling disability claims involving concussions.