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

  • 19
  • March
  • 2019

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New Overtime Rule: It Could Have Been Worse!

Ordinarily, you might expect that the business community would get pretty upset by a proposed rule increasing the minimum salary required for exempt employees under the Fair Labor Standards Act from $23,600 to $35,308. After all, there are quite a few front line supervisors in fast food restaurants and smaller businesses who earn annual salaries in the low thirty thousands, especially in communities with lower costs of living. The proposed regulation will require employers to start paying these employees overtime or raise their salaries to the minimum threshold.

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  • 12
  • March
  • 2019

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DOJ Fans the Flames in Support of Plaintiffs Suing Former Employers in Private Antitrust Fray

The Department of Justice Antitrust Division (the “DOJ”) recently put its thumb on the scale in favor of plaintiffs with respect to the standard to be applied in antitrust litigation involving purported “no-poach” agreements among competing employers. In a rare move, the DOJ filed a statement of interest in the ongoing lawsuit, In re Railway Industry Employee No-Poach Antitrust Litigation – a multi-district class action filed by several former employees against two of the world’s largest rail equipment suppliers.

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  • 07
  • March
  • 2019

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Why Should HR Professionals Pay Attention to the International Trade Agreements?

As you may know, the United States, Canada, and Mexico negotiated a new trade agreement in November 2018 titled the United States–Mexico–Canada Agreement (USMCA), which is intended to replace NAFTA. The Agreement alters NAFTA in one surprising way. The USMCA requires Mexico to pass new labor laws that provide rights to employees beyond those they currently enjoy.

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  • 05
  • March
  • 2019

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Mind the Gap: Middle Management’s Critical Role in Compliance

In order to effectively drive a culture of ethical conduct, companies must ensure that compliance priorities set by executive leadership extend to even the lowest level employees. Establishing an appropriate ‘tone at the top’ with the Board and senior leadership resonates with most companies, but it is easy to overlook the application of compliance standards to middle managers and supervisors.

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  • 26
  • February
  • 2019

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How to Do a 30-Minute FLSA Compliance Self-Audit

Avoiding slipping up on the FLSA’s rules and regulations is notoriously difficult, both for small businesses as well as large companies with sophisticated HR and legal teams. If your business hasn’t looked recently at its wage and hour practices, use our quick checklist to performing a high-level, 30-minute desk audit to identify some of the most common blind spots that might need further review. 

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The Importance of Investigation Protocols Amid Heightened Corporate Exposure

In the face of well-publicized corporate scandals such as #MeToo, and in response to heightened corporate accountability standards under Sarbanes-Oxley and Dodd-Frank, internal investigations serve as a critical component of an effective governance and corporate compliance program. While companies recognize the need to conduct internal investigations to respond to allegations of potential misconduct, many companies have not adopted a written investigation policy or protocol.

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Lock Up Your Servers! Inspired by Europe, U.S. States Enact New Data Protection Statutes

Data protection law is quickly becoming a legal-compliance headache for many companies. As companies and their customers have continued to store more data in the cloud, that data has become a valuable target for hackers. The risks to personal and financial information are not new and businesses have been grappling with these issues for some time, while data protection laws have been slower to catch up. However, the pace of legal developments in this area is now quickening.

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  • 07
  • February
  • 2019

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Offers of Judgment: A Tool for Minimizing Liability in Overtime Cases

As many employers have learned, the biggest liability in many overtime cases brought under the Fair Labor Standards Act (“FLSA”) is often not the unpaid overtime or liquidated damages but the attorneys’ fees that the plaintiff’s attorney is entitled to recover if he prevails on behalf of his client. While a misclassified employee who occasionally worked overtime may only recover a couple of thousand dollars, his lawyer could well end up with a six-figure award.

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National Employer Gets Tangled up by Differing State Standards

Recent headlines involving Buzzfeed News highlighted the challenges that multi-state employers can have when some of their employees are subject to more employee-friendly state laws than others. When Buzzfeed recently laid off 15% of its workforce, it initially announced that, consistent with applicable local laws, it would only pay out unused but accrued vacation time for those employees located in states that required such payment.

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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

Robert Sheppard

Robert Sheppard Associate