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

  • 04
  • September
  • 2018

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New Colorado Statute Provides Data Protection Guidance for Employers in the Centennial State and Beyond

On September 1st, a new data protection law took effect in Colorado. The statute requires Colorado employers to implement procedures to protect and eventually destroy employees’ personally identifiable information, and it expands employers’ notification requirements if employees’ information is compromised as the result of a data breach. While the law provides new duties for Colorado employers, it outlines best practices that should be taken into consideration for employers outside of the state as well.

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  • 21
  • May
  • 2018

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Employers With Class Action Waivers in Arbitration Agreements Vindicated

As we have repeatedly discussed on the Managing the Modern Workplace blog, the fate of employers’ dispute resolution programs, and other arbitration clauses that include class and collective action waivers, has long hung in the balance. Today, in a 5-4 decision authored by Justice Gorsuch, the Court resolved the question of the enforceability of class and collective action waivers in favor of employers.

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Don't Be Surprised When an Employment Case Is SLAPP'ed

Consider a scenario that many in-house lawyers and HR professionals are all-too familiar with: an employee is terminated or leaves the company. After the employee’s departure, the company learns the employee has gone to work for a competitor, and after checking the employee’s computer, the company learns he plugged in a flash drive and downloaded files containing confidential information, including customer lists, just days before leaving. Under this scenario, the employee signed an employment agreement containing non-compete, non-solicit, and confidentiality provisions. 

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  • 09
  • May
  • 2017

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Congress Finally Revisits the FLSA – Is Comp Time Coming?

A common misconception among many employers is that they can give “comp time” to nonexempt employees in lieu of paying overtime. While the Fair Labor Standards Act (“FLSA”) does allow public employers to offer compensatory time to nonexempt employees under certain circumstances, until now, any private employer who did so would still be liable for unpaid overtime. The Working Families Flexibility Act (the “WFFA”), which was passed by the House of Representatives last week, may change this.

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Mixed Messages on Independent Contractor and Employee Background Checks

On January 6th, Massachusetts will implement what its governor touts as “the most stringent ride-for-hire background check system” in the U.S. Uber and Lyft drivers will now be required to pass criminal background checks overseen by a state agency as a condition to picking up passengers in the Bay State. The requirement, which may become a model for other states, raises interesting questions in an era in which independent contractors are becoming subject to increased scrutiny but it is becoming more challenging for employers to elicit information on their prospective employees.

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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