department of labor

In today's episode, we discuss the US Department of Labor's recent guidance relating to remote workers, including FMLA leave and breaks. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide.

Host: Holly Goodman (email) (Gunster / Southern Florida)

Guest Speakers: Megan Mitchell (email) & Lindsey Locke (email) (Arnall Golden Gregory LLP / Georgia)

Register on the ELA website here to receive email invitations to future programs.

MCALLEN, Texas - The Rio Grande Valley added 2,000 new manufacturing jobs over the last five years, according to data collated by the South Texas Manufacturers Association. 

Mike Willis, executive director of STMA, said most of the growth is in Cameron County. He puts much of it down to the shipbuilding Keppel AmFELS is doing at the Port of Brownsville, and SpaceX.

Willis has worked for Workforce Solutions in the past and has also managed a maquiladora plant in Reynosa. He shared the latest manufacturing employment data at a recent STMA monthly meeting.

“When I was looking at the manufacturing employment data I was actually a little bit surprised,” Willis admitted.

Looking at the national and statewide picture, Willis said the U.S. in general and Texas in particular “has recuperated all jobs that were lost in the pandemic and we're back to where we were in 2019 at our peak and even higher.”

Editor's Note: To read the full story go to the Rio Grande Guardian International News Service website. 

To read the new stories and watch the news videos of the Rio Grande Guardian International News Service go to www.riograndeguardian.com.

In this week's episode, we dive into the controversial topics currently making headlines across the nation.

First, we discuss the recent Florida law attempting to overturn the Supreme Court case Kennedy v. Louisiana, allowing the death penalty for rape of a child in an 8 to 4 vote. We explore the implications of this decision and examine the public's reaction to this dramatic change in legislation.

Next, we shift our focus to the Department of Labor's Wage & Hour Division and their enforcement of federal child labor laws. We analyze Arkansas Governor Sarah Huckabee Sanders' proposal to allow teens as young as 14 to work without obtaining a permit. What does this mean for our youth and the future of the workforce?

Lastly, we tackle the ongoing debate surrounding minors in the workforce versus immigrants. As the controversy continues to unfold, we evaluate the potential consequences of these policies and the impact on our society as a whole.

Join us for this thought-provoking episode as we navigate the complexities of these pressing issues and encourage open dialogue to better understand the implications of these decisions. Don't miss out on this vital conversation - tune in now!

In today’s episode, Ali Mogharabi, a senior equity analyst for Morningstar Research Services, explains the Labor Department’s proposed rule about worker classification. And he reveals whether he thinks Uber, Lyft, and DoorDash stocks are a buy.

Investing Insights is bringing you a mix of market news, insights from analysts, and personal finance tips.

Timestamps

0:06 Introduction 

0:44 Stocks for a Recession

1:50 Wells Fargo missed the mark for third quarter earnings.

2:35 Delta airlines reported a strong third quarter.

3:57 Should gig workers be considered employees?

5:48 What is the main risk of the Biden administration’s new proposal?

8:37 What is the reaction from Uber, Lyft, and DoorDash?

9:23 What does Uber, Lyft, and DoorDash stocks look like today?

10:23 How to Make Your Cash Work Harder as Interest Rates Rise

Read about topics from this episode.  

10 Stocks for a Recession

Risk of DOL’s Proposal and Reactions of Uber, Lyft, and DoorDash Stocks Exaggerated 

Opportunities Seen in the Industrial Sector Amid Economic Headwinds 

Looking Past Volatile Operating Losses, Wells Fargo Remains on Track in Q3 

Best Financial-Services Companies to Own: 2022 Edition 

3 Recession-Resistant Stocks 

What Is a Recession?

Read what our team is writing:

Susan Dziubinski 

Christine Benz 

Ali Mogharabi 

Ivanna Hampton

Follow us on social media.

Ivanna Hampton on Twitter: @IvannaHampton

Facebook: https://www.facebook.com/MorningstarInc/

Twitter: https://twitter.com/MorningstarInc

Instagram: https://www.instagram.com/morningstar... 

LinkedIn: https://www.linkedin.com/company/5161/

The Department of Labor's proposed rule change to determine the "appropriate wage rates" for H-2A visa workers may have a greater impact on agricultural businesses than the DOL wants you to believe. 

The Immigration Guy, Kyle Farmer, explains the ins and outs of this proposed change and the implications for businesses -- spoiler alert, its about to get a lot more expensive. But, Farmer Law PC is developing a plan to fight this wage rate increase.

If you want to learn more about how you can participate in this plan: 

• email media@farmerlawpc.com
• register for our virtual meeting on October 11, 20222 from 10-11am
• sign up to receive more information about the campaign
• read our press release on the campaign.

We know, the immigration system is messy! It’s complicated and confusing, especially for those looking to gain a visa or hire foreign workers. Farmer Law PC’s Immigration Guy, Kyle Farmer, knows all of the tricks of the trade. The firm specializes in innovative immigration solutions, some of which you’ll get to hear about on this podcast. Tune in for commentary on immigration-related news and industry insights, and The Immigration Guy’s thoughts on much more!

If you're interested in talking with one of our Business Relationship Developers about solving your business labor needs, click the link and fill out your contact information. We will get back to you shortly!

Sign up for our free webinars using the links below:

• H2A: https://share.hsforms.com/1eHfHv447S_iuMUANi5jT4wbupb3
• H2B: https://share.hsforms.com/1KLC0MF6oQWu4hohiILWhoQbupb3
• TN: https://share.hsforms.com/1WYtbRWFQSK-GN8YJVcjIKgbupb3

Send an email to media@farmerlawpc.com if you'd like to be featured in an episode, if you have a question Kyle can answer, or if you'd like to purchase an advertisement on the podcast.

Follow Kyle Farmer on LinkedIn, here.
Subscribe to our monthly Immigration Insider Newsletter, here.

**The information provided on this podcast does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are for general informational purposes only. Listeners of this podcast should contact their attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this podcast or any of the links or resources contained within the description do not create an attorney-client relationship between the listener and Kyle Farmer. **

Produced & Edited by Drew Tattam

In this episode, host Bidemi Ologunde discussed inflation from multiple perspectives; how it is putting pressure on organizations in the tech industry to increase workers’ salaries; and how these historic increases in workers’ compensation and benefits then cycle back to contribute to more inflation.

Check out host Bidemi Ologunde's other creative outlets on LinkTree.

Join Yvonne and Rafael as they kick off Season 2 of Deconstructing Comp with none other than Joe Paduda, industry expert, speaker and blogger, author of the Managed Care Matters blog. 

Joe is one of the foremost experts in the workers' compensation industry. Yvonne and Rafael catch up with Joe as he discusses how he landed in our industry, what he's been up to lately, and what we should be looking at in terms of important issues on the horizon. 

If you don't know Joe, I'm not sure what rock you live under (just kidding!), but you can find his Managed Care Matters blog here - https://www.joepaduda.com/

So here we go! Are you ready for another fun season of getting to know the incredible people of our industry, learning how they got here, how they spend their time in the industry and what's important to them? Come on then! You might learn something new!

Grab your favorite beverage, pull up a chair and let's go talk to Joe! ...  ¡Vamanos! 

¡Muchas Gracias! Thank you for listening. We would appreciate you sharing our podcast with your friends on social media. Find Yvonne and Rafael on Linked In or follow us on Twitter @deconstructcomp

Join Alex Krog, C.P.A., and James Hare III, M.A.S., C.P.A., Directors at PKF Mueller, for an in-depth interview of Employee Benefit Plan Audits (EBPA). In this episode, our experts discuss the process, accompanying fiduciary responsibilities, common errors in Benefit Plans, and the key takeaways for business owners and plan sponsors who need a Benefit Plan audit. 

Get in contact with our professionals today:

 Alex Krog, CPA
Director
akrog@pkfmueller.com
+1 847 717 8301

James Hare III, M.A.S., CPA
Director
jahare@pkfmueller.com
+1 847 649 8831

Learn more about our EBPA services today at https://www.pkfmueller.com/services/audit-assurance/employee-benefit-plan

Thank YOU for listening! Visit www.pkfmueller.com for more information about our firm.

Follow us on LinkedIn, Twitter, Facebook, Instagram, and YouTube!

PKF Mueller is a member firm of the PKF International Limited family of legally independent firms and does not accept any responsibility or liability for the actions or inactions of any individual member or correspondent firm or firms.

There’s a few Governmental and Non-Governmental agencies that have been in the spotlight recently for issues they are having which in turn has affected and is affecting the American people. The SBA, Department of Labor, Credit Bureaus, and the IRS play a huge role in the American economy; and with the hit of the COVID-19 Pandemic, their presence was amplified even more so.

From changing the rules and criteria that were laid out to them by the Government to old outdated processes that are no longer able to meet the capacity and demand of today’s society, changes need to be made and these agencies need to be held accountable. 

We’d like to welcome you to Ep. 11 American Agencies | Writing Their Own Rules. We’re taking a deep dive into four of the most well-known agencies in America, detailing our experiences, and those of others that have had issues in one way or another. A good way to hold them accountable is to get the word out and talk about it. Please share this episode and lets keep the conversation going to create real change. Thank you so much for your support as we near the end of Season 1 of “Authentic Filters”. Be sure to head over to Apple Podcast or wherever you listen to share, like, and leave a 5-Star review. 

What is a labor market test or labor certification and why is it important?
What types of businesses use labor certifications?
How does the labor certification process work?
What do businesses have to do to show they should be allowed to sponsor a foreign worker for a green card?
How much does it cost an employer to do a labor certification?
How long does the labor certification process take?
How frequently is this process used?
What are some of the problems or critiques of the labor certification process?

Guest: Michael Bailey, Immigration Attorney, Ogletree, Deakins, Nash, Smoak & Stewart, P.C

Debut episode introduces David Fortney, Burt Fishman, and Nita Beecher, who debrief employers on the first 45 days of the Biden Administration.  Click here to access the mentioned DC Insider Report - March 12, 2021.

Contact Fortney & Scott:

• Tweet us at @fortneyscott
• Follow us on LinkedIn
• Email us at info@fortneyscott.com

Thank you for listening!
https://www.fortneyscott.com/

1. Intro.
2. (1:16) - Start of interview
3. (2:04) - Nichol's "origin story"
4. (3:48) - Her beginnings with Glass Lewis & Co. in 2004.
5. (4:32) -  What is the proxy advisory business? What was the origin of Glass Lewis? Founded by Greg Taxin and Kevin Cameron in 2003.
6. (7:17) - The evolution of the proxy advisory business. "Now we've become more of a trusted partner to institutional investors to navigate all [the corporate governance] issues."
7. (7:51) - The proxy voting management platform "Viewpoint".
8. (9:51) - Proxy research at Glass Lewis: 28,000 research reports on public companies in 100 global markets.
9. (14:06) - Proxy advisory landscape in the U.S. and internationally. The Best Practice Principles Group (2013).
10. (16:21) - The evolution of engagement with issuers ("Glass Lewis has about 1,500 engagements per year with issuers, across 40 countries in 20+ languages"). There are free and paid engagements.
11. (22:00) - The regulatory landscape of proxy advisors. Heightened focus in last 5 years, and new regulations were passed in 2020 from the SEC and DoL.
12. (29:32) - Current ownership of Glass Lewis: Ontario Teachers Pension Fund (80%) and Alberta Investment Management Corporation (20%).
13. (32:14) - How they set their corporate governance principles and policy guidelines. They follow what matters to institutional investors (their clients). They also have a research advisory council from industry (that meets once a year). They look at regulations in different markets.
14. (35:08) - Glass Lewis boardroom diversity efforts: starting in this proxy season they will be rating the level of disclosure on boardroom diversity.
15. (38:15) - On corporate purpose. Stakeholder capitalism.
16. (39:46) - On ESG and sustainability activism. "People [and institutional investors] are more aware."
17. (41:17) - On shareholder activism.
18. (43:25) - Her recommendations to US public company directors:
    1. Be engaged.
    2. Know your shareholder base.
    3. Have a plan.
    4. In terms of proxy advisors: stop viewing them as a threat. She encourages directors to engage with Glass Lewis, in its capacity as a trusted advisor to institutional investors. "Use us as a way to connect with investors."
19. (45:00) - Prediction on regulatory changes with new incoming Administration in the US, Canada, India, EU, etc.
20. (46:30) - Her favorite books:
    1. Distant Neighbors, by Alan Riding (1984)
    2. Give and Take, by Adam Grant (2013)
21. (48:00) - Her mentors:
    1. Jorge Robles (Lawyer in Mexico)
    2. KT Rabin (ex CEO of Glass Lewis).
22. (49:21) - Her favorite quote: "Don't put off until tomorrow what you can do today." (Benjamin Franklin)
23. (49:51) - Her "unusual habit": Singing.
24. (50:49) - The living person she most admires: Lots of women, including Kamala Harris, Nancy Pelosi and Michelle Obama. But the person she admires is her father.

Nichol Garzon-Mitchell is a Senior Vice President and the General Counsel at Glass Lewis, one of the leading proxy advisory firms in the world. Glass Lewis has over 1,300 clients, including the majority of the world’s largest pension plans, mutual funds and asset managers, who collectively manage more than $40 trillion in assets.

If you like this show, please consider subscribing, leaving a review or sharing this podcast on social media. 

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Follow Evan on:

Twitter @evanepstein

Substack https://evanepstein.substack.com/

Music/Soundtrack (found via Free Music Archive): Seeing The Future by Dexter Britain is licensed under a Attribution-Noncommercial-Share Alike 3.0 United States License

You can follow Evan on social media at:

Twitter: @evanepstein

LinkedIn: https://www.linkedin.com/in/epsteinevan/ 

Substack: https://evanepstein.substack.com/

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You can join as a Patron of the Boardroom Governance Podcast at:

Patreon: patreon.com/BoardroomGovernancePod

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Music/Soundtrack (found via Free Music Archive): Seeing The Future by Dexter Britain is licensed under a Attribution-Noncommercial-Share Alike 3.0 United States License

If an employer misclassifies a staff member as an independent contractor, when such staff member should be classified as an employee, it can result in a devastating blow to the employer who will be exposed to statutory penalties, back pay, attorneys' fees, and more. 

We discuss the new federal regulation that implements a new test to determine if a staff member is an independent contractor or an employee.

We also discuss the fact that this regulation is effective after Biden is sworn in as President and debate what the future holds for wage and hour law under a Biden Administration.

1. (1:27) - Start of interview
2. (2:59) - Yumi's "origin story"
3. (4:18) - Her start with Barclay's Global Investors (which was later acquired by BlackRock).
4. (4:50) -  The lessons she learned working for the Stewardship team at BlackRock (2004-2018)
   1. Proxy Voting Group
   2. Big change on engagement with companies started after financial crisis (2007-2009).
   3. Impact Dodd Frank Act (2010) - Say on Pay.
5. (10:24) -  Her experience as Global Head of Corporate Governance at Alliance Bernstein (2018-2019).
6. (13:29) - How do governance professionals (proxy voting teams) reconcile dissonances with portfolio managers.
7. (15:17) - Her role at the NYC Office of the Comptroller’s Corporate Governance and Responsible Investment team. "It's hard for asset managers to be advocates, as opposed to asset owners such as the NYC pension funds."
8. (19:29) - Her take on the SEC's new shareholder proposal rules and DOL's new rule shifting away from ESG.
9. (25:09) - Her take on the increasing importance of institutional investors' voice on corporate governance, particularly the top 3-5 asset managers. Any antitrust risks on cross-holdings by institutional investors?
10. (29:39) - Her predictions on how some of these regulations may change during a Biden Administration.
11. (32:20) - Her take on the Boardroom Accountability Project 1.0 (2014) focused on Proxy Access.
12. (35:56) - Her take on the Boardroom Accountability Project 2.0 (2017) focused on board diversity, matrix and refreshment.
13. (39:03) - Her take on the Boardroom Accountability Project 3.0 (2019) calling on publicly-traded companies to adopt a policy requiring the consideration of both women and people of color for every open board seat and for CEO appointments, a version of the “Rooney Rule” pioneered by the NFL. ("at least 20 companies have adopted this practice, and this will continue.")
14. (40:12) - Push on EEO-1 Reports (it's a type of CEO accountability project, "the majority of Fortune 100 companies currently disclose these reports or have committed to disclose them.")
15. (42:59) - Her take on California's SB-876 and AB-979 laws on boardroom diversity.
16. (44:49) - Her opinion on the BRT restatement of the purpose of the corporation (2019).
    1. Her involvement with The Test of Corporate Purpose Initiative.
    2. What are the quantitative measures or data that can analyze these metrics on corporate purpose?
17. (48:10) - Her thoughts on whether we will ever see employees elect corporate directors per Elizabeth Warren's proposed Accountable Capitalism Act (2018)
18. (49:29) - Her favorite books:
    1. East of Eden, by John Steinbeck (1952)
    2. Works by Michel Foucalt (studies on biopower and other theories of power)
    3. The Happiness Industry, by William Davies (2015)
19. (50:43) - Her mentor was her late grandmother who taught her that "as a woman, you can always take care of yourself and you should ensure your own financial stability, if possible."
20. (51:29) - Lessons from 2020: "You have to live your life today - time is more important than money."
21. (52:36) - The experience of living in NYC under COVID-19.
22. (54:51) - The living person she most admires: Laura Nader. "You have to dress conservatively if you're going to have extremely revolutionary ideas."

Yumi Narita is the Executive Director of Corporate Governance at the Comptroller's Office of New York City. The Comptroller serves as investment advisor, custodian, and a trustee to the New York City Pension Funds, which hold approximately $228 billion in assets. In her role as Executive Director, Ms. Narita is responsible for developing and implementing active ownership programs for public equities, including voting proxies, engaging portfolio companies on their ESG policies and practices, and advocating for regulatory reforms to protect investors and strengthen investor rights. Ms. Narita has 16 years of experience in the ESG industry. Prior to this role, she was the Global Head of Corporate Governance at Alliance Bernstein, and Vice President on the BlackRock Stewardship team.

Follow Evan on Twitter @evanepstein

Music/Soundtrack (found via Free Music Archive): Seeing The Future by Dexter Britain is licensed under a Attribution-Noncommercial-Share Alike 3.0 United States License

You can follow Evan on social media at:

Twitter: @evanepstein

LinkedIn: https://www.linkedin.com/in/epsteinevan/ 

Substack: https://evanepstein.substack.com/

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You can join as a Patron of the Boardroom Governance Podcast at:

Patreon: patreon.com/BoardroomGovernancePod

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Music/Soundtrack (found via Free Music Archive): Seeing The Future by Dexter Britain is licensed under a Attribution-Noncommercial-Share Alike 3.0 United States License

Are you sure you are paying your employees correctly? In this week’s story, The Accidental Wage Thief Steals Cook Pay, we hear how misunderstanding the FLSA can cause big trouble for your organization. John Thalheimer and Chuck Simikian discuss how organizations can protect themselves against accidental wage theft by better understanding the difference between exempt and non-exempt. 

Don't make the same mistake this company did. If you need help, reach out to us at help@HRStoriesPodcast.com – We can provide consultation, coaching, and training for you and your team....virtually or live in-person.

Have an HR Story to share? We may feature it in an upcoming Podcast. Email mystory@HRStoriesPodcast.com

The Ultimate Book of HR Checklists – Getting HR Right: Your Step-by-Step Reference for Avoiding Costly Mistakes. Go to HRChecklists.com (On sale - take $100 off ...only $79 ) Certified and approved for 3 SHRM Recertification Credits.

Join the HR Team of One Community on Facebook or visit TeamAtHRstories.com and sign up for emails so you can be the first to know about new things we have coming up.

You can also follow us on Instagram and TikTok at @HRstoriesPodcast

Don't forget to rate our podcast, it really helps other people find it!

Do you have a situation or topic you’d like the team to discuss? Are you interested in having Chuck or John talk to your team or Emcee your event? You can reach the Team at Email@TeamAtHRStories.com for suggestions and inquiries.

The viewpoints expressed by the characters in the stories are not necessarily that of The Team at HR Stories. The stories are shared to present various, real-world scenarios and share how they were handled by policy and, at times, law. Chuck and John are not lawyers and always recommend working with an employment lawyer to address concerns.

Telephone interview of Steve Lindauer, CEO of The Association of Union Constructors (TAUC) and Impartial Secretary and CEO of the National Maintenance Agreements Policy Committee (NMAPC).

• Multi-Employer Pension Reform
  • Advocacy Letter
  • Rehabilitation for Multiemployer Pensions Act (HR 397)
• Protecting Construction Apprenticeships
  • Member Resource Page (TAUC)
  • Contractors' Action Page (CEA)
• Construction Employers of America
• North America's Building Trades Unions (NABTU)
• Industrial Grade Conference & Expo
  • Sept. 10-12, 2019 
  • Cincinnati, Ohio