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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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  • 27
  • October
  • 2017

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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.

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  • 16
  • May
  • 2017

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Good News, Bad News, What "Hire America" Means to the H-1B Visa Program

The H-1B program has long been the subject of criticism. Many have argued that the program has been used to support outsourcing of jobs that could be performed by Americans.

Although it is framed in very general terms, President Trump’s latest Presidential Executive Order on Buy American and Hire American, signed on April 18, 2017, signals that this administration would like to overhaul the H-1B program. The Order directs the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security to “suggest reforms to ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries”, to issue new rules and guidance to “protect the interests of United States workers”, and to “prevent fraud or abuse” of the immigration system.

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  • 04
  • January
  • 2017

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Starting off the New Year Right: A Good Time for Self-Auditing I-9 Compliance

As we are on the cusp of a new administration that has identified immigration enforcement to be a primary focus, now is an ideal time to ensure that verification of employees’ legal authorization to work in the United States is timely performed and documented. By a recent Second Circuit Court of Appeals decision, we were reminded to complete Forms I-9 within three days of each employee’s date of hire. Also, those forms must be retained after an employee’s termination for the later of: three years after the date of hire or one year after the date of termination. If an employer does not comply with those requirements, it may face civil penalties between $110 and $1,100 per individual violation.

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  • 05
  • July
  • 2016

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Pending Green Card Applications Don’t Need to Stand in the Way of Promotions

An employee’s career may continue to advance, without pause, even if the employee has a green card application pending. Section 204(j) of the Immigration and Nationality Act (“INA”) provides that an approved Form I-140 for individuals with certain employment-based visas will remain valid for green card adjustment of status purposes when an applicant “ports” (changes jobs or employers) if: (1) a Form I-485 has been filed and remains unadjudicated for 180 days or more and (2) the new job is the same or similar occupational classification as the job for which the petition was filed. 

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  • 18
  • February
  • 2016

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Avoiding Employment Litigation Can Be as Simple as a Job Posting

Posting job openings and writing job descriptions may seem awfully old school but they can save some problems in communications and legal compliance. From a common sense perspective, they ensure that employees know what their job duties are, supervisors know what their subordinates’ qualifications and responsibilities are, and applicants know what a position they may be interested in requires.

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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