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

"Document, Document, Document" Is Only Half the Battle

As someone who has tried dozens of employment trials — including a very recent one in which a jury found for my client — I can attest to the importance of having good documentation that corroborates the employer’s conversations with employees, especially when the employee subsequently disputes what was said. In my recent trial, for example, we were able to admit dozens of investigation reports that were made close to the time of the events and contradicted the plaintiff’s version of events. The jury was allowed to bring these documents back to the jury room with them and review them in deliberations — a very powerful tool for a jury that is otherwise relying on its collective memory in discussing evidence. Unfortunately, trial lawyers sometimes forget to tell their clients what they need to do in order to ensure that their valuable documentation will be admissible at trial.

Read More

Who Was Sergei Magnitsky and Why Should You Care?

Sergei Magnitsky was a Russian accountant who had the audacity to claim that large-scale  theft from the Russian government was carried out by Russian officials. Shortly after making these allegations, he was arrested and spent a year in prison in Russia without being charged for any crime. Ultimately, Magnitsky died in prison of various health ailments. An investigation authored by the Kremlin itself found that he had been given inadequate medical care and was assaulted shortly before his death. 

Read More

The OFCCP Is Coming, The OFCCP Is Coming! Federal Contractors Put on Notice of Coming Audits

If your company is one of the 1,000 federal contractor establishments (including prime contractors and subcontractors) that received a corporate scheduling announcement letter (a “CSAL”) from the Office of Federal Contract Compliance Programs (the “OFCCP”), you probably already know that, as a federal contractor, your company has many employment obligations beyond those applicable to employers in general. You should also be aware that the OFCCP, in sending these CSALs — which it is not required to do — is actually giving companies some extra time to make sure their practices are up to snuff. While not every company who has received CSALs will end up being audited, these letters provide companies a golden opportunity to review and, if necessary, correct their practices before the OFCCP comes knocking.

Read More
  • 08
  • February
  • 2018

Author:

Share on:

The Family Medical Leave Act Turns 25 Years Old

The Family Medical Leave Act (the “FMLA”) turned 25 this week, on February 5, 2018. Enacted in 1993, the FMLA is actually one of the youngest federal employment laws on the books. As with most other individual protections enshrined in federal law, the FMLA — which generally allows 12 weeks of unpaid, job-protected leave to care for newborns and ill family members or to deal with a worker’s own serious illness — sets a floor, not a ceiling, for workplace leave. Over the past several years, some states and many cities have taken this principle seriously and enacted more stringent requirements for employee leave. Many employers also provide paid, as opposed to unpaid, leave in some form or another to their employees, often viewing that benefit as good for business and attractive to potential recruits.

Read More
  • 06
  • February
  • 2018

Author:

Share on:

What Do You Mean Someone I've Never Met Is My Employee?

While the current National Labor Relations Board appears to be heading in the right direction when it comes to the joint employer and independent contractor issues, it is important to remember that federal courts may still find employers to be “joint employers.” This point was recently brought home in a decision by the United States District Court for the Southern District of West Virginia, decided on January 3, in the case of Young v. Act Fast Delivery of West Virginia, et al.

Read More

Pay Ratio Implementation: Recent Guidance and Practical Steps

The 2018 proxy season will be the first time many companies are required to comply with the SEC’s pay ratio disclosure rule, which was adopted by the Commission in 2015 pursuant to the Dodd-Frank Act. The pay ratio disclosure rule requires companies to disclose the annual total compensation of the median employee, the CEO, and the ratio of those two amounts, as well as certain estimates and assumptions used in determining the median employee and calculating annual total compensation.

Read More
  • 19
  • January
  • 2018

Author:

Share on:

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.

Read More
  • 16
  • January
  • 2018

Author:

Share on:

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.

Read More
  • 12
  • January
  • 2018

Author:

Share on:

"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.)

Read More
  • 09
  • January
  • 2018

Authors:

Share on:

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.

Read More
  • 04
  • January
  • 2018

Authors:

Share on:

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.

Read More

Dates

Sign Up for Updates

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

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 Partner

S. Grace Ho

S. Grace Ho Counsel

Jacob D. Ecker

Jacob D. Ecker Associate

Robert Sheppard

Robert Sheppard Associate