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

  • 16
  • January
  • 2018

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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.

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  • 12
  • January
  • 2018

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"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.)

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  • 04
  • January
  • 2018

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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.

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New Year's Resolutions for Modern Workplace Readers

If you’re a frequent reader of the Modern Workplace blog, there’s a good chance you’re involved in human resources and employee relations in some capacity, perhaps as in-house counsel, HR manager, or outside attorney or consultant. In keeping with a tradition for our blog, the Modern Workplace editorial staff has put together a set of New Year’s resolutions for our readers who can impact workplace policies and procedures for 2018.

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  • 14
  • November
  • 2017

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The Challenges of "Scanning" In and Out

As technology advances, so do the means by which employers manage their employees, including such non-glamorous tasks as tracking employee time. Some users have begun using biometric scanning technology (i.e., devices that utilize fingerprints, handprints, retinal data, or face-recognition technology) to track employee hours. But this technology is giving some employers headaches and leading to new types of lawsuits.

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SOX Liability From A Whistleblower Outside the United States? Maybe

It is natural (and logical) to assume that United States laws do not apply to an individual’s actions in another country. Although this is not always the case — federal discrimination laws, for example, cover U.S. citizens employed by U.S. employers in a foreign country — one would usually expect that conduct is governed by the law of the country where the alleged violation occurred. A recent Department of Labor Administrative Review Board (“ARB”) decision, however, held that Sarbanes-Oxley’s (“SOX”) whistleblower protections may also apply to employees stationed outside the United States.

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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