X

Reset Password

Username:

Change Password

Old Password:
New Password:
We have completed your request.

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

Holiday Hiring — Don’t Get a Lump of Coal from the DOL

As retailers begin to light up big Christmas trees, play merry carols, and otherwise prepare themselves for a busy and festive gift-giving season, they and other employers may onboard seasonal workers to help with the holiday rush. If you’re one of those employers, here are a few key reminders to stay on the U.S. Department of Labor’s “nice” list this season.

Read More
  • 14
  • November
  • 2017

Author:

Share on:

The Challenges of "Scanning" In and Out

As technology advances, so do the means by which employers manage their employees, including such non-glamorous tasks as tracking employee time. Some users have begun using biometric scanning technology (i.e., devices that utilize fingerprints, handprints, retinal data, or face-recognition technology) to track employee hours. But this technology is giving some employers headaches and leading to new types of lawsuits.

Read More

Hold Them or Fold Them — What to Do with a CEO in the Midst of Controversy

I sometimes wonder why anyone would want to be a CEO of a public company in today’s climate. Gone are the days when CEOs were venerated members of the community. Today’s CEO is much more likely to be facing off with aggressive shareholder activists, a critical public or an unfriendly media on the hunt for an adversarial story. Unfortunately for the companies that employ them, some of the attacks on CEOs are justified because of their behaviors or decisions. When its CEO is embroiled in a scandal or simply accused of mismanagement, what should a company do? When should a company hold onto its CEO, and when should it fold, and hope to be dealt a better hand the next time?

Read More
  • 06
  • November
  • 2017

Author:

Share on:

PSM and Petroleum Refineries: Lessons Learned (Part 2)

In this second installment of our series on “Lessons Learned” in the last ten years of the Petroleum Refinery Process Safety Management National Emphasis Program, I would like to talk about the requirement that a PSM-covered employer conduct a Process Safety Analysis (“PHA”). For our readers who are general human resources practitioners or general counsel, a PHA is an organized and systematic effort to identify and analyze the significance of potential hazards associated with a company’s processes that involve the handling of highly hazardous chemicals. 

Read More
  • 03
  • November
  • 2017

Author:

Share on:

Astros and the Modern Workplace – Believing in Your Employees

The best managers believe in their employees and give them opportunities to succeed. The modern workplace is one that is heavily regulated and is often put under a microscope in social media and elsewhere. Under these circumstances, it can be a temptation for a manager to try to control all aspects of the workplace. But managers should be wary; this approach can backfire and demoralize the workforce.

Read More
  • 02
  • November
  • 2017

Author:

Share on:

Non-Compete Agreements Are Getting Even More Personal

In crafting their non-competes, employers often focus on the “big ticket” questions: How long can a former employee be sidelined? How large of an area can the former employee be prevented from working in? What type of conduct can the former employee be restricted from doing? Given that the answers to these questions have a large practical impact on an employer’s operations, it is perhaps unsurprising that the more abstract concept of personal jurisdiction does not often steal the spotlight. But, in light of a recent decision by the Court of Chancery of Delaware, perhaps it should.

Read More
  • 31
  • October
  • 2017

Author:

Share on:

What Ever Happened to that Obama-Era Overtime Rule?

About a year ago, employers were gearing up for the implementation of the Department of Labor’s updated overtime rules, which would have doubled the baseline salary-level eligibility requirement for white-collar exemptions to the FLSA’s overtime requirements (up to $47,476 from $23,660). However, to the delight (and admitted confusion) of many businesses and employment lawyers, Judge Amos Mazzant enjoined the implementation of those rules, and this past August ruled them to be unlawful because, in the Judge’s view, the doubling of the salary level “effectively eliminates a consideration of whether an employee performs” executive, administrative, or professional duties, which is intended to be the central inquiry of the white-collar exemptions.

Read More
  • 27
  • October
  • 2017

Author:

Share on:

What’s California Got to Do With Me?

Although state employment laws generally do not have extraterritorial application, what constitutes an extraterritorial application when it comes to the California Labor Code is not clearly settled. As such, employers that are not headquartered in California but have employees who work in the state from time to time should take into account California law — and its potential applicability — when developing and reviewing employment policies and practices.

Read More
  • 17
  • October
  • 2017

Author:

Share on:

PSM and Petroleum Refineries: Lessons Learned (Part 1)

Although the PSM standard was promulgated by OSHA in 1992, it wasn’t until 2007 that OSHA began to systematically inspect petroleum refineries as part of its Petroleum Refinery Process Safety Management National Emphasis Program (NEP). Many safety managers at refineries around the country were surprised at how easily OSHA was able to use the PSM standard to issue dozens of high dollar value citations by simply issuing multiple citations for each subsection of the standard.

Read More

SOX Liability From A Whistleblower Outside the United States? Maybe

It is natural (and logical) to assume that United States laws do not apply to an individual’s actions in another country. Although this is not always the case — federal discrimination laws, for example, cover U.S. citizens employed by U.S. employers in a foreign country — one would usually expect that conduct is governed by the law of the country where the alleged violation occurred. A recent Department of Labor Administrative Review Board (“ARB”) decision, however, held that Sarbanes-Oxley’s (“SOX”) whistleblower protections may also apply to employees stationed outside the United States.

Read More

Stop, Prioritize, and Simplify – the Mantra for a Better Health and Safety Program

Over the past year, we have held several roundtable discussions with safety and operations managers in which we have talked about the challenges of improving safety and health systems at the same time that top managers are trying to cut costs. Based on the helpful feedback that we received from many of the safety managers and operations managers who participated in these discussions, consultants from ERM helped us come up with a three-step mantra for addressing this problem: Stop, Prioritize, and Simplify.

Read More

Dates

Sign Up for Updates

Receive e-mail news and alerts from the V&E Employment, Labor & OSHA team

Top Posts

Follow Us On Linkedin

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

Robert Sheppard

Robert Sheppard Associate