like health insurance are expected by US workers and are necessary in order to stay competitive with other employers. Example: Japanese employers in California have had to rapidly adapt to the state’s strict paid sick leave laws, which go well beyond federal standards – and the same is true for many locations across the US. Action Item: Benchmark local competitors and ensure benefits and leave policies satisfy both legal requirements and talent expectations. 7. Compliance With Federal Immigration and Work Authorization Laws are More Critical Than Ever What to Know: The current Trump administration has been aggressively enforcing the nation’s strict immigration laws, so compliance is now more important than ever. All of your employees must be authorized to work in the US. Japanese personnel can enter the US under the Visa Waiver program; however, they cannot perform productive “hands-on” work while there. While there are a variety of mechanisms that would allow you to legally employ foreign national workers in various capacities, sponsoring expatriates from Japan or elsewhere requires careful visa planning. Employers in the US must ensure every employee correctly completes a Form I-9 – or you could risk a workplace audit, enforcement action, or raid. Example: Japanese manufacturers have relied heavily on E-2 and L-1 visas to transfer key staff to US operations – but delays can hinder your expansion plans. Action Item: Begin immigration planning months in advance, aligning visa strategy with site selection and workforce needs. Review our playbook for ICE audits and workplace raids, and take note of the Fisher Phillips Employers’ Rapid Response Team (877-483-7781 or DHSRaid@fisherphillips.com) if you need immediate legal counsel when a raid occurs. 8. Workplace Safety is a Critical Component to Your Compliance Plan What to Know: The Occupational Safety and Health Administration (OSHA) enforces workplace safety standards across industries, and many states have local-level safety agencies that can act even more aggressively. Safety inspectors can arrive at worksites without notice and their inspections can lead to large fines and punishments. Example: In a two-year period between 2022 and 2024, a Japanese-owned manufacturing plant located in Texas received two fines from OSHA totaling over $630,000. The government found that Kyoei Steel LTD failed to properly guard machinery, did not ensure workplace respirators correctly fit workers, and failed to keep workers clear of dangerous loads of material. Action Item: Conduct equipment acceptance safety approvals, facility-wide pre-opening safety audits, and implement OSHA-compliant policies and training.
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