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

  • 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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  • 15
  • August
  • 2019

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Does Fifth Circuit Ruling Allow Employers to Discriminate Against Ex-Felons?

In 2012, the EEOC issued guidance stating that blanket bans on hiring employees with criminal records disproportionately impact minorities and instructing employers to ensure that their hiring policies link specific criminal conduct to the risks inherent to a particular position. The State of Texas challenged that guidance on the grounds that it should be allowed to categorically exclude felons from certain categories of public jobs and the District Court enjoined the EEOC from enforcing its guidance.

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Has New York Become the New California for Employment Law?

In the last year, the Empire State has begun to give the Golden State some serious competition for being the most pro-employee state in the Union. Earlier this summer, for example, I wrote about New York’s new laws to address harassment in the workplace. Last week, Governor Cuomo signed two additional bills that expanded New York’s equal pay law.

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  • 13
  • June
  • 2019

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Employment Laws Also Apply to Your Household Caretakers

When you are an employment lawyer who represents management, most of your clients are businesses that have human resources departments. From time to time, however, I am cornered by friends at ball games or cocktail parties who have questions about the individual caretakers who assist them in managing their house, children, and garden, or, for example, the home health aides who might take care of their parents. Do the employment laws that we talk about in this blog apply to them?

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  • 30
  • May
  • 2019

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The Return of the “No-Match” Letter

The last time a client of mine received a “No-Match” letter was in 2012, so I was somewhat surprised when multiple clients received letters from the Social Security Administration in only the last few weeks. Apparently, my clients were not alone. According to a New York Times story, over half a million employers received similar letters in the last couple of months.

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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