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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 09
  • May
  • 2017

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Congress Finally Revisits the FLSA – Is Comp Time Coming?

A common misconception among many employers is that they can give “comp time” to nonexempt employees in lieu of paying overtime. While the Fair Labor Standards Act (“FLSA”) does allow public employers to offer compensatory time to nonexempt employees under certain circumstances, until now, any private employer who did so would still be liable for unpaid overtime. The Working Families Flexibility Act (the “WFFA”), which was passed by the House of Representatives last week, may change this.

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Mixed Messages on Independent Contractor and Employee Background Checks

On January 6th, Massachusetts will implement what its governor touts as “the most stringent ride-for-hire background check system” in the U.S. Uber and Lyft drivers will now be required to pass criminal background checks overseen by a state agency as a condition to picking up passengers in the Bay State. The requirement, which may become a model for other states, raises interesting questions in an era in which independent contractors are becoming subject to increased scrutiny but it is becoming more challenging for employers to elicit information on their prospective employees.

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  • 09
  • August
  • 2016

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Now That the White House Weighs in on the Non-Compete Debate, Where Do We Go from Here?

Proponents of non-compete agreements have long argued that they encourage economic growth. After all, why would you invest in developing new technologies and training new employees if they could learn the tricks of your trade, meet your customers, and then leave for a competitor? Opponents of non-compete agreements take the opposite approach. After all, isn’t innovation stifled if people can’t pursue new opportunities in a business space that they have come to know? Now, the White House is weighing in on the issue.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel

Jacob D. Ecker

Jacob D. Ecker Associate

Robert Sheppard

Robert Sheppard Associate