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

  • 01
  • December
  • 2016

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Making More Paper Might be the Only Way to Keep Supervisors on Your Side – For Now

In unionized and non-union workforces alike, whether a worker is considered a “supervisor” under the National Labor Relations Act (the “NLRA”) can affect how a company interacts with its workers and what information it provides them. The basic idea is that the company should be able to rely on the undivided loyalty of certain employees. Conversely, employees should be free to organize without supervisory interference. The National Labor Relations Board (the “Board”) has recently made it more difficult to know which employees qualify as supervisors. It seems likely that any Trump appointments to the Board will shift the balance and hopefully provide more clarity. In any event, companies would be well-advised to heed the message of these decisions — to be sure your supervisors stay on your side, it is important to have the paperwork to back it up.

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  • 23
  • November
  • 2016

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Time to Stick a Fork in the New Overtime Regulations?

The much-anticipated ruling on a challenge to the new overtime rules has arrived just in time for Thanksgiving, and has given employers nationwide something to be thankful for. Judge Amos Mazzant granted the request for a preliminary injunction brought by 21 states and various business organizations, meaning the rules will not go into effect on December 1 as previously planned. As covered earlier, those rules sought to raise the salary-level requirements for white-collar exemptions under the FLSA—nearly doubling the current threshold from $23,660 to $47,476—and would have resulted in more overtime-eligible employees than ever before.

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All Change? What the Election Result Could Mean for Federal Contractors

As the dust settles following the presidential election, one of the questions that federal government contractors and subcontractors will be asking themselves is which, if any, of President Obama’s executive orders affecting labor and employment matters will survive in the new Trump Administration. For example, will Ivanka Trump’s advocacy of wage equality help preserve initiatives such as President Obama’s proposal to collect summary pay data from employers to help identify equal pay issues? Or will such initiatives be swept aside in the first few days of the Trump presidency?

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  • 17
  • November
  • 2016

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New York City Sets an Example with New Local Labor Laws

Until recently, human resources managers and labor lawyers worried primarily about federal employment laws. State employment laws—with the notable exception of California’s—were mostly duplicative of federal laws. As for local labor laws, few of them had much effect on employers that were not actually doing business with the city government. That is quickly changing.

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  • 15
  • November
  • 2016

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OSHA "Clarifies" its Position on Post-Accident Drug Testing

I previously talked about OSHA’s comment on anti-retaliation and that employers that require drug tests for employees involved in accidents could violate the requirement to establish a “reasonable” procedure for employee injury reports. In those comments, OSHA suggested drug testing procedures might not be “reasonable” where such a procedure could deter employees from reporting accidents. I was not alone in criticizing OSHA and argued that no reasonable employer could disregard the possibility that drug use may have been a factor in a workplace accident, especially when we are facing an opioid-addition epidemic of historic proportions.

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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