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

Responding to #MeToo Part II: When the Alleged Harasser is in Charge

Continuing our discussion of #MeToo, Grace Ho, Counsel in our Employment, Labor & OSHA practice, addresses some key points companies should consider when there are allegations of harassment involving an executive or other high-level employee. Who should conduct the investigation and how will communications be handled? Grace further discusses the importance of proactively reviewing all employment agreements so that the company has sufficient flexibility in its response to potential harassment allegations.  

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Moving to Texas — Signed, the California Gig Economy

In Dynamex Operations West, Inc. v. Superior Court of Los Angeles County, the California Supreme Court joined a handful of other states, including Massachusetts, in adopting the “ABC test” to determine whether a worker is an employee or an independent contractor. The reach of Dynamex is currently cabined to state wage orders, which regulate certain terms of employment, such as state minimum wage, overtime, and meal and rest breaks. The ABC test is a stark departure from the common-law test focused primarily on the degree of control a hiring entity exercised, or had the right to exercise, over an individual — which is the test that still applies, for now, to claims arising under the California Labor Code and other statutes. Recall our earlier post on the Grubhub decision, in which we outlined various factors companies might consider under the common-law test when classifying workers as independent contractors or employees.

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  • 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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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