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

  • 19
  • January
  • 2018

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One Size Does Not Fit All: Non-Competes in the Asia Pacific

Much like in the U.S., Asia-Pacific countries generally disfavor restraints on trade as a matter of public policy and enforce them, if at all, only to the extent the restrictions (1) are reasonable in light of the facts, (2) are supported by adequate consideration, and (3) protect a legitimate business interest. Highlighted below are certain guidelines concerning post-employment non-compete agreements in seven nations that are popular choices for regional headquarters of U.S.-based multinational companies.

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  • 16
  • January
  • 2018

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DOL Changes Course on When an Intern Should Be Paid

In the last few years, we have discouraged our clients — including many of the non-profit organizations that we represent on a pro bono basis — from engaging unpaid interns. Under the Department of Labor’s old six-factor test, whether a position required compensation has been based on a totality of the circumstances analysis focusing on the benefit gained by the employer from the intern’s work. Practically, this resulted in most internship positions requiring compensation.

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  • 12
  • January
  • 2018

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"Hire American" Strikes Again: Work Authorization for H-1B Spouses May Be Eliminated

The Obama-era H-4 visa work authorization program, which has been in place since May 2015, allows qualifying spouses of H-1B visa holders to apply for jobs in the United States after obtaining an EAD (Employment Authorization Document). The ability for spouses of H-1B recipients to work in the U.S. through this program is a major incentive for skilled workers to apply for H-1B visas, and to remain in the United States once obtaining one. The rule was put in place, in part, to decrease employee turnover faced by U.S. employers. But as the current administration fights to stop immigration on many fronts, this rule may soon fall by the wayside. (V&E’s coverage of other immigration issues can be found here.)

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  • 09
  • January
  • 2018

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Is a Modern Slavery Statement on Your Post-Holiday To-Do List?

We have written previously about the UK’s Modern Slavery Act (the “MSA”) and, in particular, how it applies to multinational businesses. But many companies, including those headquartered in the U.S. with operations in the UK, are still unaware of their obligations. The new year may be the right time to consider whether your company has met those obligations. For those that have already published their first statement, it may be time to update that statement. For those who have not yet published a statement, it is probably the right time to consider whether you are required to do so.

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  • 04
  • January
  • 2018

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Personae Non Gratae: Extending H-1B and L-1B Visas Is Getting Tougher

It used to be pretty easy to get an extension on an H-1B or L-1B visa provided the employee had not used up his allotted time for holding such a visa. In fact, the USCIS instructed its adjudicators that prior determinations should be given deference if it involved the same parties and the same facts. If an H-1B or L-1B petition had been approved the first time, an extension was likely to be approved as well. Under the old policy, once an initial determination was made, so long as there was no material change to the employee’s position or circumstances, the employee was all but guaranteed an extension.

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New Year's Resolutions for Modern Workplace Readers

If you’re a frequent reader of the Modern Workplace blog, there’s a good chance you’re involved in human resources and employee relations in some capacity, perhaps as in-house counsel, HR manager, or outside attorney or consultant. In keeping with a tradition for our blog, the Modern Workplace editorial staff has put together a set of New Year’s resolutions for our readers who can impact workplace policies and procedures for 2018.

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  • 21
  • December
  • 2017

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Merry Christmas from the National Labor Relations Board

Many companies and labor attorneys thought the General Counsel’s Memorandum issued on December 1, 2017 was the perfect “Merry Christmas” to companies hoping to see changes from national labor policy. The Memorandum was a nice stocking stuffer for many in and of itself, because, among other things, it rescinded various Obama-Era prosecutorial priorities intended to extend labor-friendly policies. Little did we know at the time, but the Board had already wrapped four Elmo-sized Christmas presents (decisions overturning several key Obama-Era precedents) and placed them under the Christmas tree.

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  • 19
  • December
  • 2017

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When Is an Employee's Home Office an Employer's Home Office

The modern workforce is everywhere, even in your employees’ homes. Sometimes those homes are in different states from your headquarters. But what happens when an employer’s only operations in a state is an employee who is working out of his den? Can an employer be sued in a state where it has no office other than an employee’s in-home office?

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  • 15
  • December
  • 2017

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Two Birds With One Stone — The NLRB Reverses Two Major Obama-Era Decisions

We’ve been talking for months now about when the National Labor Relations Board would finally begin rolling back the Obama-Era Board’s expansive policies, and last week, the Board’s new General Counsel levelled his sights on many of those policies, albeit in a non-binding memorandum. Well, this Thursday, the Board overturned not one, but two of those policies.

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  • 14
  • December
  • 2017

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December 15, 2017 OSHA Reporting Deadline Still in Place … at Least For Now

Given the new administration’s propensity to extend deadlines for compliance with Obama-era regulations, it’s not surprising that many employers are unsure whether they must electronically report injury and illness data through the OSHA’s Injury Tracking Application, which was launched on August 1, 2017. Well, at least for now, the previously extended deadline of December 15, 2017, is still in effect.

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  • 07
  • December
  • 2017

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Lessons From an Agreement With 21st Century Fox

Shortly before Thanksgiving, 21st Century Fox settled a derivative shareholder case related to a number of sexual harassment scandals at Fox. As part of that settlement, Fox entered into an agreement for non-monetary relief. Companies that wish to avoid being in the same situation as Fox might want to consider voluntarily implementing some of the terms of Fox’s non-monetary relief agreement.

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  • 06
  • December
  • 2017

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A Sea Change – A Modern Workplace Series Digesting the NLRB General Counsel's Sweeping Reforms

It’s no secret that the NLRB has been subject to some swings in policy over the years, largely based on which party is in power. But many agree that the pace of these changes accelerated significantly under President Obama’s general counsel and Board. The new General Counsel of the NLRB—Peter Robb—made clear in a Memorandum he issued Friday, December 1 that he’s among those who wants to roll back many of those policy changes. Because of the breadth of the Memorandum, which takes aim at a broad swath of issues that have characterized the area of labor law over the last eight years, over the next several weeks, the Modern Workplace blog will individually examine some of the potential policy implications of this Memorandum.

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  • 30
  • November
  • 2017

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There Are Limits — CSB Cannot Ask for Everything

The Chemical Safety Board has been a magnet for controversy. Over the years, it has used its broad mandate from Congress to pursue lengthy and sweeping investigations. With an authorization from Congress to investigate the probable cause of any accidental release resulting in a fatality, serious injury or substantial property damages and to issue periodic reports recommending majors to reduce the consequences of accidental releases, it is difficult to see what limits on CSB’s investigative powers exist.

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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