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

Why Is This Important?

The heritage of indigenous people in Guatemala, the right of Nigerian women to avoid being the subject of human trafficking, the working conditions of employees in northern Brazil. Besides a general wish for others to be treated fairly, why are these types of matters important to Texas companies and their Texas-based lawyers? Why does the mayor of Houston decide to issue a proclamation that recognizes an event to discuss this very issue? Why are lawyers coming from California and Virginia to address these issues? And why did the State Bar of Texas create a committee for the specific purpose of educating Texas lawyers on these issues? 

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One Tweet, and the World Is at Your Door

Recent events show that all it takes is one tweet from even a midlevel manager of a company to create an international incident. We have previously written about having policies that restrict employees from speaking on behalf of the company when they are not authorized to do so. However, that does nothing to stop employees from generally saying what they wish on behalf of themselves on matters seemingly unrelated to their employer.

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  • 22
  • October
  • 2019

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When Onboarding New Employees, Keep An Eye on Privilege Issues

There are a lot of good folks out there who might help your company but who have noncompete agreements or other restrictions in agreements with their current or recent employers. To decide whether to hire such employees, you may decide that you should review their agreement, have discussions with them about the restrictions, and maybe even reach out to their prior employer. In that process, it is best to have legal counsel, either inhouse or external, helping with the review of the situation. It is a temptation to include the candidate in communications with the company’s attorney. However, be careful when instigating such communications because what is said – whether written or verbal – by the company’s attorney to that candidate may not be privileged. If no attorney client, work product, or common interest privilege applies, those communications may be subject to discovery should litigation ensue.

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  • 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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  • 10
  • September
  • 2019

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Property Lines No. 2: Where Charity Meets Labor Rights

Late last month, I wrote about how an employer balances its property rights against the rights of employees of third parties working on their worksite. The key takeaway from that blog post was that every employer needs to think about certain property-related issues if one of its contractors were to have a labor dispute with its employees. As I said then, it is always better to think through these issues before you are faced with the angry union organizers picketing your contractor in front of your facility.

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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