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

  • 07
  • January
  • 2020

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Caught Between a Rock (Labor Law) and a Hard Place (Employment Law)

What would you do if one morning you saw on the overtime volunteer list on your company bulletin board that an employee had handwritten across the top of the list the words “Whore Board?” I think I know: You would fire that employee, assuming you could identify who it was. However, what if this all happened in the context of a dispute over the assignment of overtime between your company, its union, and its employees? Would you still make the same choice?

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  • 02
  • January
  • 2020

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RE: Company Email Policies

As I’m sure many of you are intimately aware, communicating with coworkers via email is central to millions of employees’ roles in the modern workplace. Given email’s ubiquity, employers across the country often maintain email and communications policies in the hopes of regulating what the business email systems can and cannot be used for.

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  • 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
  • October
  • 2019

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Approved! NLRB Okays Workplace Policies on Media Contact and Confidentiality

Last Thursday, the NLRB approved a pair of workplace rules in a decision related to the protection of proprietary client and vendor lists and limits on who may speak to the media on the employer’s behalf. The Board grounded its decision in a common sense reading of the text of the workplace rules, finding that neither rule could reasonably be read to limit any protected activity, despite some minor points of textual ambiguity.

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  • 13
  • September
  • 2019

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A Collective Bargaining Agreement’s Management Rights Clause Is No Longer Meaningless

One of the biggest complaints that you will hear from employers with unionized workforces is that it is so difficult to implement minor policy changes during the term of a collectively bargained contract. For example, the employer may want to implement a new safety policy to address a recent increase in workplace injuries that could have been prevented had the employees been wearing the required PPE (Personal Protective Equipment). The employer adds a new provision to the PPE rule that requires employees caught without their PPE to undergo a mandatory retraining program on the first instance and be subject to discipline, up to including termination, for any subsequent violations.

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  • 10
  • September
  • 2019

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Property Lines No. 2: Where Charity Meets Labor Rights

Late last month, I wrote about how an employer balances its property rights against the rights of employees of third parties working on their worksite. The key takeaway from that blog post was that every employer needs to think about certain property-related issues if one of its contractors were to have a labor dispute with its employees. As I said then, it is always better to think through these issues before you are faced with the angry union organizers picketing your contractor in front of your facility.

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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