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

  • 20
  • December
  • 2019

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“The First Rule of this Workplace Investigation is…”

“…You will not talk about this investigation with your coworkers.” Or at least this is the first thing that many employers have long told employees who are interviewed in workplace investigations. (Though ideally, the FIRST thing that employees should be told is that they will not be retaliated against for speaking truthfully during their interviews).

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  • 18
  • December
  • 2019

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H-1B Registration Could Reduce Costs for Employers

Getting an H-1B visa for a new employee has never been easy. Any employer who has been through the process knows that putting together an application can be time-consuming and expensive, especially if they have never sought an H-1B for that particular position. Moreover, even after paying an attorney to prepare a petition, there is no guarantee that a visa will be available because the number of H-1B petitions has almost always exceeded the 85,000 cap (take last year as an example; approximately 190,000 petitions were filed). So even if you’re naturally lucky or a lottery winner, you should be aware that there is an increasing chance that you will receive a request for additional evidence or that your petition will be denied.

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  • 12
  • December
  • 2019

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Obesity & the ADA in Employment Decision-Making

Nobody likes comments about their weight (Heaven help the person who makes one about mine), and most people have learned that weight is a subject best approached with caution. Employers, for their part, would be well-served to exercise some caution as well. Although conversations surrounding obesity may be necessary for employment decisions related to certain positions, including positions often considered “safety-sensitive,” those conversations remain fraught with opportunities for actionable statements.  

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  • 10
  • December
  • 2019

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Unfortunately, A Bit of Ebenezer Is Needed When Giving Christmas Bonuses

Although they are not as common as they once were, employees in many workplaces still expect a bonus at this time of the year, and many employers, hoping to not disappoint, give their employees something like a fixed-dollar amount or the equivalent of one week’s base pay to celebrate the holiday season. While tradition can be a good thing, when it comes to bonuses (holiday or otherwise), employers often fail to consider the effect that regular bonuses may have on a non-exempt employee’s compensation if the employee has worked any overtime during the year.

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When Poorly Performing Employees Suddenly Get Sick

You finally sit down with an employee who has performed poorly for months, and you give him or her both a detailed performance improvement plan spelling out your expectations and a time frame by which they must demonstrate substantial improvement. The very next morning, the previously healthy employee calls in sick and soon thereafter requests medical leave, supported by a doctor’s excuse, to obtain treatment for work-induced stress and depression.

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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