Category Archives: Labor & Employment

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Enjoy Your Labor Day!

The Manufacturing Industry Advisor team wishes you a safe and happy holiday weekend. We’ll be back to our regular posting soon. Thanks for your continued support of our blog!  … Continue reading this entry

$3 Million Spoliation Sanction Despite Company’s Litigation Hold

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Manufacturers involved in litigation must properly preserve electronically-stored information (“ESI”) or potentially face daunting sanctions. A recent antitrust case, however, demonstrates that lessons—multi-million dollar lessons—remain to be learned about how to satisfy the duty to preserve evidence. The Delaware federal court clearly delivered this message by imposing a $3 million sanction, plus associated fees and … Continue reading this entry

Potential Issues for Employers After Brexit (With No Clear Answers Yet)

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The voters in Great Britain caught the world off guard by voting to leave the European Union (EU) after over 40 years of membership. However, after the vote, the questions immediately started. Leaving the EU is governed by a treaty and terms of the “Brexit” will be negotiated between Great Britain and the EU in … Continue reading this entry

Employee Error Accounts for Most Security Breaches

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A recent study by a well-known information security company captures one of the most common information security fallacies: that information security is a technology problem. Most manufacturers, along with many other businesses, view mitigating information security risks as falling squarely in the purview of their information technology department. However, this study reports that human error … Continue reading this entry

DOL’s Increased Salary Test: What Employers Need to Know

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For months, employers have been anxiously awaiting the Department of Labor’s (DOL’s) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA) and wondering whether the DOL would pass the rule as previously proposed or make modifications to its June 2015 proposed rule. Now the wait is finally over and, as anticipated, … Continue reading this entry

The New “Persuader Rule” and Its Impact on Manufacturers

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The federal Office of Labor-Management Standards (“OLMS”) in the Department of Labor issued a Final Rule, on March 24, 2016, that significantly reinterprets the so-called Persuader Activities Rule. This rule represents the administrative implementation of provisions in the National Labor Relations Act that require (1) employers to annually report agreements that have the object of dissuading … Continue reading this entry

OSHA’s Crystalline Silica Rule: Compliance Clock Ticks While Legal Challenges Mount

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The Occupational Safety and Health Administration (OSHA) published its final rule on “Occupational Exposure to Respirable Crystalline Silica” (the “Silica Rule”) on March 25, 2016, and as expected numerous manufacturing industry trade groups and others have filed legal challenges to the rule’s validity. With the outcome of these challenges uncertain, manufacturers and other affected industries are … Continue reading this entry

Weathering the (Winter) Storm

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Extreme winter weather can cause serious problems. For children, winter weather often means snow days and an escape from the confines of the classroom. For manufacturers, heavy snow and ice can mean absent workers, power outages, and supply shipments that do not arrive. In many lean manufacturing industries, there is little or no margin in the supply … Continue reading this entry

Leaders Discuss Issues Facing Florida Manufacturers

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As part of its ongoing 2016 State of Manufacturing Tour, the National Association of Manufacturers (“NAM”), including CEO Jay Timmons and others, stopped in Tampa, Florida on January 28 and 29, 2016. The visit included tours of local manufacturers’ facilities, such as Bristol-Myers Squibb and Sun Hydraulics. In addition to interfacing with local manufacturers, NAM … Continue reading this entry

Role of Talent in Site Selection for Manufacturers

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One of the leading challenges facing many manufacturers in the U.S. is the attraction and retention of talent. At the same time, many U.S. states (particularly in the South and Southeast) are throwing attractive incentive packages at manufacturers to lure them to move to their states. At the recently concluded 2015 National Directors Institute (NDI) … Continue reading this entry

Happy Thanksgiving from the Manufacturing Industry Advisor Team

During this week of Thanksgiving, the Manufacturing Industry Advisor team wishes to thank all of you for reading, contributing to, and sharing our blog. Since this is a busy time of year for everyone, some of you might have missed a post or two over the last few weeks. For your convenience, linked below are some of our most recent and popular posts. … Continue reading this entry

New Opportunities for Women-Owned Small Businesses

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The Small Business Administration (“SBA”) issued a finale rule, on September 14, 2015, implementing Section 825 of the National Defense Authorization Act for Fiscal Year 2015 to allow the federal government to issue sole source awards to Women-Owned Small Businesses (“WOSBs”) and Economically Disadvantaged Women-Owned Small Businesses (“EDWOSBs”). WOSBs and EDWOSBs in manufacturing should take … Continue reading this entry

Looking Back and Looking Forward on Manufacturing Day

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Happy Manufacturing Day! On the first Friday of October, we celebrate advances in modern manufacturing while inspiring future generations of manufacturers. Click here to find an MFG event near you.… Continue reading this entry

Business Interruption Insurance: Why You Need It and How You Can Maximize Your Coverage

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In his recent blog post on disaster planning for businesses, Foley associate Nicholas E. Williams noted: “Business interruption insurance, which covers the loss of income suffered by a business after a disaster, plays an important part in disaster planning.” In fact, it can be as important to a manufacturer’s survival as fire insurance. While most … Continue reading this entry

Legal Considerations in Businesses’ Disaster Planning

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In the last decade, Disaster Recovery (“DR”) and Business Continuity Planning (“BCP”) have become “hot” topics, as companies attempt to deal with disasters and the associated business risks. “Force majeure” is a legal concept that excuses a party’s performance under a contract on account of wide-scale, unpredictable, and devastating events, such as hurricanes, wars, national … Continue reading this entry

Closing a Facility? Don’t Create Human Capital Problems

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In recent years, manufacturers have closed facilities, corporate offices, warehouses, and production plants, for a variety of reasons. All too often, manufacturers overlook important legal requirements or planning steps, especially where human capital is concerned. Thus, we compiled the following human resources issues to help manufacturers identify problems that should be avoided.… Continue reading this entry

Cybersecurity Workforce Measures Present Business Opportunities

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As part of the federal government’s efforts to address cybersecurity needs in our age of state-sponsored hacking and other high-profile data breaches, the Department of Homeland Security (DHS) will soon undertake a Congressionally-mandated review of cybersecurity resources. In just two months, the Secretary of DHS will be required to conduct the first assessment of the … Continue reading this entry

Hiring From a Competitor? Play Defense to Limit Trade Secret Risk

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When discussing trade secrets and strategies to protect valuable proprietary information, most companies focus on their outbound risk. In other words, companies pay close attention to protecting their own valuable trade secrets and proprietary information by implementing strong protections and policies such as to limit access to this information and to require employees to sign … Continue reading this entry

Peeking Behind the Curtain: Macroeconomic Insight Into Manufacturing

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Last week, Dr. Chad Moutray, Chief Economist for the National Association of Manufacturers (“NAM”), visited Foley & Lardner’s Chicago office and shared a macroeconomic update on the manufacturing industry. His comments and charts (he’s an economist, of course he had charts) provided insight into the current state and bright future of American manufacturing. NAM’s membership … Continue reading this entry

Manufacturing on the Rise in Florida

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When one thinks of business in Florida, most think of tourism — amusement parks, fishing, golf, and beaches — or Florida’s world-famous citrus — oranges, grapefruits, and strawberries. Perhaps Florida’s best kept secret: Florida’s manufacturing sector is surging forward. In recent years, Floridians have become accustomed to Governor Rick Scott announcing manufacturing jobs being created … Continue reading this entry

Bring on the Bots!

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While what constitutes “advanced” constantly evolves, advanced robotic systems have been a reality on manufacturing floors since at least the 1970s. These technological advancements can reduce costs, increase productivity, fulfill unmet needs, replace labor, create new industries, and more. Issues, which have been discussed for decades, related to developments in robotics still concern people today. … Continue reading this entry

2015 Regulatory Challenges Burdening Manufacturers

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As we roll into the new year, this edition of the Manufacturing Industry Advisor takes a look at some of the key regulatory issues that manufacturers will be facing in 2015. Based on recent discussions with key legislative and industry association figures in D.C., below we provide a summary on how the following regulatory areas … Continue reading this entry

2014: An Exciting and Challenging Time for American Manufacturing

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2014, the Manufacturing Industry Advisor’s inaugural year, marked an exciting but challenging time for American manufacturers. In our final blog post for the year, we will highlight some of the trends and developments we noted in 2014, with links to our earlier observations. Here, at Foley & Lardner, we aim to do more than monitor … Continue reading this entry

To Sue or Not to Sue: That Is the Trade Secret Question

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You have just learned that a senior member of the company research and development team has resigned. The employee had access to important confidential information about your company’s product development, manufacturing process improvement, business strategy and other proprietary information. The departing employee did not identify his new destination, but you have no doubt that he … Continue reading this entry