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

  • 18
  • October
  • 2019

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Approved! NLRB Okays Workplace Policies on Media Contact and Confidentiality

Last Thursday, the NLRB approved a pair of workplace rules in a decision related to the protection of proprietary client and vendor lists and limits on who may speak to the media on the employer’s behalf. The Board grounded its decision in a common sense reading of the text of the workplace rules, finding that neither rule could reasonably be read to limit any protected activity, despite some minor points of textual ambiguity.

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  • 15
  • October
  • 2019

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Reading the Gay Tea Leaves at the Supreme Court

Last Tuesday, the Supreme Court heard oral arguments on the first LGBTQ rights cases to be heard by the Court since the 2015 gay marriage case. The issue raised by two of the cases heard this week was whether discrimination against an employee because of sexual orientation constitutes discrimination “because of … sex” within the meaning of Title VII. The third case raised the issue of whether Title VII prohibits discrimination against transgender people.

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  • 10
  • October
  • 2019

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What U.S. Investors Need to Know About Mexican Labor Law

In the late 19th Century, Mexican dictator Porfirio Diaz described Mexico’s relations with its northern neighbor with the now famous quote of “Pobre de México tan lejos de Dios y tan cerca de Estados Unidos.” [Poor Mexico, so far from God, but so close to the United States.] While one might expect Mexico’s President to share Mr. Diaz’s sentiments, especially given some of the public announcements that his U.S. counterpart has made about Mexican immigrants and the wall that he intends Mexico to build, the left-leaning Mr. Lopez Obrador has diplomatically ignored the tweets and gone out of his way to encourage ongoing U.S. investment in Mexico. U.S. business investors, in turn, are cautiously optimistic about the future possibilities of investing in Mexico, notwithstanding some concerns about a possible trade war, which Mexico has made clear it wants to avoid.

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  • 09
  • October
  • 2019

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De mortuis nil nisi bonum.

The death of an employee is an upsetting and traumatic occurrence. It is also very likely to be unexpected. Thus, it is preferable to have a basic framework in mind for dealing with such an occurrence before it happens. This post is intended to give you an overview of three of the many important considerations resulting from a death occurring outside the workplace. It is not intended to cover incidents in which a death or serious accident or illness occursat the workplace, on the job, or is related to work. For example, it does not address the requirement that an employer notify OSHA when an employee is killed on the job (among other events requiring such notice).

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  • 03
  • October
  • 2019

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Don’t Forget WARN Warnings When Reducing Head Count

We have not talked much about the Worker Adjustment and Retraining Notification Act (“WARN”) in recent years both because unemployment has been low and we have not seen many plant closings or mass layoffs that would trigger WARN. But much like solar eclipses and cicadas, the frequency of WARN events is cyclical, and, during the last couple of months, several of my colleagues and I have found ourselves having more conversations about WARN than we have had in the last few years. So this might be a good time to review the basics of the federal plant closing law that went into effect some 30 years ago.

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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