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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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And a Happy New Year to California Employers...

Last week, we talked here about some new challenges for New York employers in the new year, and how New York was in the running to supersede California as the toughest state for employers. Alas, notwithstanding the efforts of the New York legislature, California still retains its crown as the most challenging state for employers.

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Whose Employees are They Anyway? DOL Issues New Rule on Joint Employers

Last week, the Department of Labor issued a new, final rule defining the test needed to determine joint employment status under the Fair Labor Standards Act (FLSA). The rule narrows the factors which agencies and courts should consider in finding this status, and it offers employers a certain amount of clarity on the doctrine. This adds to the continued attempt to divine the term “employee” under U.S. law that we have addressed in the past (e.g., here and here).

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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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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