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

  • 20
  • April
  • 2017

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Don’t Be Afraid to Run Your Business in Considering ADA Accommodation Requests

Employers are often hesitant to deny a disabled employee accommodation, fearing that any denial may trigger liability. But a recent Eleventh Circuit case reminds us that, while employers must seriously consider accommodation requests and engage in a meaningful interactive process with the requester, companies don’t have to let such a request interrupt the ordinary conduct of their business.

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  • 13
  • April
  • 2017

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New Silica Standard is Not Being Trumped

Last year, I talked about the new silica standard that could require major engineering changes in the hydraulic fracturing industry. Recently, several clients have asked me if it’s true, that they no longer have to worry about the silica standard, now that Trump has been elected. Alas, rumors of the death of the silica regulation have been greatly exaggerated.

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  • 11
  • April
  • 2017

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The Duck Test: Case Law from Across the Pond

It is no surprise that this blog regularly returns to the issue of misclassification of employees as independent contractors. Classification is something that employers often get wrong. Figuring out whether someone is an employee or independent contractor is sometimes referred to as “the duck test.” If it looks like a duck, quacks like a duck and walks like a duck, it is a duck – similarly, if a relationship has all the characteristics of employment, then the individual is probably an employee as a matter law, regardless of the label the parties put on it. A recent series of cases in the UK demonstrates how this same issue arises around the world, but sometimes with a twist.

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Will the Supreme Court Decide Whether Gays Are Protected by Title VII?

As I predicted last week, a conflict among the circuits now exists on whether gays are protected from workplace discrimination. In yesterday’s landmark opinion in Hively v. Ivy Tech Community College, the Seventh Circuit became the first court of appeals to find homosexuality broadly defined is included in Title VII’s protection against sex-based discrimination.

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Activist Shareholders and Labor Issues – Staying Ahead but Staying Honest

A growing number of organizations and institutional investors concerned about international human rights — particularly forced labor or modern slavery — are using their status as shareholders to pressure public companies to take action on these issues. When such pressure is brought to bear, companies are well advised to respond quickly and with precision. Making unsupported statements in a human rights policy can lead to claims by both shareholders and consumers.

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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