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

  • 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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  • 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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  • 26
  • September
  • 2019

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After a Long Delay, the DOL Issues a New Overtime Rule

In November 2016, a Texas federal judge enjoined the Obama administration’s regulations that sought to raise the salary-level requirement for white collar exemptions under the Fair Labor Standards Act from $23,660 to $47,476. Rather than appeal the injunction, the new Trump administration instead chose to withdraw the regulations so that they could be reconsidered.

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  • 24
  • September
  • 2019

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T or F: Employers Shall Make No Rule Abridging the Freedom of Speech?

It’s been so long since I’ve taken a True/False quiz, and as a young man I generally detested the format. Although the answer to the question in the title of this post is False, there really is more to it than that! While the First Amendment does not apply to private employers and has not been interpreted to prohibit employers from setting certain restrictions on speech in the workplace, many states (including California, Colorado, Connecticut, Illinois, Louisiana, Maryland, Mississippi, and New York) do have laws that prohibit employers from discriminating against employees because of their political views, especially political views expressed outside of the workplace. In such states, an employer who terminates an employee because of their political views could end up facing a wrongful discharge lawsuit.

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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