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

Dealing with the Coronavirus in the Workplace

The general duty clause of the Occupational Safety and Health Act requires employers to provide a workplace which is “free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employee.” While it’s unlikely that OSHA inspectors are going to be scrutinizing how most employers — outside those in the health care industry — are handling the potential threat of the spread of the coronavirus, employers should start thinking about what steps they will take to minimize the threat of infection to their employees.

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  • 09
  • October
  • 2019

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De mortuis nil nisi bonum.

The death of an employee is an upsetting and traumatic occurrence. It is also very likely to be unexpected. Thus, it is preferable to have a basic framework in mind for dealing with such an occurrence before it happens. This post is intended to give you an overview of three of the many important considerations resulting from a death occurring outside the workplace. It is not intended to cover incidents in which a death or serious accident or illness occursat the workplace, on the job, or is related to work. For example, it does not address the requirement that an employer notify OSHA when an employee is killed on the job (among other events requiring such notice).

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Why Does My Investor Relations Manager Need to Be in This Meeting?

For public companies, whenever there is a change in leadership for whatever reason, an issue that must be addressed is whether the company needs to make a public filing disclosing the change. The company should evaluate the disclosure both from a regulatory compliance standpoint and an investor relations standpoint, carefully considering both the tone and content of the disclosure.

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Executives Behaving Badly: Applying the “Musk Principles”

The SEC recently sought to have Elon Musk, CEO of Tesla, Inc., held in contempt because Musk tweeted that “Tesla made 0 cars in 2011, but will make around 500k in 2019,” followed by a second tweet in which he wrote “Meant to say annualized production rate at end of 2019 probably around 500k, ie 10k cars/week. Deliveries for year still estimated to be about 400k.”

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The Importance of Investigation Protocols Amid Heightened Corporate Exposure

In the face of well-publicized corporate scandals such as #MeToo, and in response to heightened corporate accountability standards under Sarbanes-Oxley and Dodd-Frank, internal investigations serve as a critical component of an effective governance and corporate compliance program. While companies recognize the need to conduct internal investigations to respond to allegations of potential misconduct, many companies have not adopted a written investigation policy or protocol.

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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