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

Is My Employee Recording Me?

It is not unusual for supervisors today to wonder whether they are being recorded by employees during meetings when performance issues or discipline are being discussed. “Can they do that?” I am often asked. Interestingly, while an employee may not have a legal right to demand that a disciplinary meeting be recorded, in most states, it is not illegal for an employee to surreptitiously record their supervisor or manager during meetings where performance issues or discipline are being discussed. And, in fact, employment lawyers are increasingly seeing recordings used as evidence in employment lawsuits.

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Under Siege: Addressing the CEO Attacked by Shareholder Activists

CEOs have long had to look over their shoulders to their company’s shareholders with some fear of a revolt that could lead to the CEO’s removal. While typically seeking board representation, shareholder activists also often go after the CEO of their targets. It is the unfortunate circumstance that sometimes a board has to sacrifice the CEO to satisfy the activist.

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  • 16
  • May
  • 2017

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Good News, Bad News, What “Hire America” Means to the H-1B Visa Program

The H-1B program has long been the subject of criticism. Many have argued that the program has been used to support outsourcing of jobs that could be performed by Americans.

Although it is framed in very general terms, President Trump’s latest Presidential Executive Order on Buy American and Hire American, signed on April 18, 2017, signals that this administration would like to overhaul the H-1B program. The Order directs the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security to “suggest reforms to ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries”, to issue new rules and guidance to “protect the interests of United States workers”, and to “prevent fraud or abuse” of the immigration system.

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Employers May Not Always Enjoy the Luck of the Irish

During meetings in Dublin, Ireland, I was reminded that employers in many countries outside the U.S. need to be prepared for injunction cases when terminating employees. I spent the first three months of this year representing an employer that brought an injunction action against a former executive for enforcement of non-compete and confidentiality obligations. It was intense and time consuming, but the company was on the offensive to protect its business interests. Injunction cases are still rare in the U.S., and even less likely to be brought by employees upon termination than by the employer. In places such as Ireland, however, employers might instead find themselves on the defensive in injunction cases. There, employees can bring injunction actions to stop the employer from terminating their employment and require continued payment of the employees’ wages.

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  • 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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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 Counsel

S. Grace Ho

S. Grace Ho Senior Associate

Jacob D. Ecker

Jacob D. Ecker Associate