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

Cuba: Can a U.S. Company Send a U.S. Citizen or Permanent Resident to Work There?

The door to Cuba for U.S. businesses is slowly opening. However, before you make plans for one of your U.S. employees to move to Cuba, you need to pay attention to the specifics of the U.S. regulations on that point. It is important to understand that U.S. citizens, permanent residents, and others subject to U.S. jurisdiction can only work in Cuba under certain limited circumstances provided in the Cuban Assets Control Regulations, administered by the Department of the Treasury’s Office of Foreign Assets Control (OFAC).

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  • 20
  • October
  • 2016

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Support of Employees’ Right to Vote is Good Business and, In Some States, Legally Required

In the 1840s, when Congress established the Tuesday following the first Monday in November as Election Day, it was to allow farmers a full day to get to the county seat without interfering with Sunday, the Christian day of worship, or Wednesday, which was market day. Most people don’t travel by horse and buggy anymore and most don’t need a full day to get to the polls. But in the 31 states with “voting leave” laws, employers are required to make sure their employees still get a chance to go vote on Election Day.

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  • 18
  • October
  • 2016

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Arbitration Delegation Clauses: Be Careful What You Wish For

Most of the time, employers that draft and enforce arbitration agreements want to send their disputes with an employee to arbitration. To ensure that all disputes are covered, agreements often use broad language, such as requiring the arbitration of “any or all” disputes, those “regarding the interpretation, applicability and enforceability of the agreement” or “the arbitrability of any dispute.” In two recent decisions [Reyna v. Int’l Bank of Commerce, No. 16-40057 (Oct. 4, 2016); Kubala v. Supreme Prod. Servs., July 20, 2016], the Fifth Circuit has made clear that these provisions, called delegation clauses, transfer the power to decide threshold questions of arbitrability to the arbitrator.

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  • 11
  • October
  • 2016

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How Well-Meaning Diversity Training Programs Can Come Back to Haunt You

Having taught restless teenagers for many years before I became a lawyer, I have always believed that there are few things as ineffective as lecturing, since only a few gifted souls can pull it off effectively. While the adult learner may be more polite than a fidgety eleventh grader, his attention span is usually not much greater when forced to sit through a dreary PowerPoint with ten bullet points per slide. At the end of the day, a CLE presentation to lawyers, an in-house training for employees, or an eleventh grade trigonometry class are pretty much the same: the best teaching in each of these situations is usually interactive and demands that the learners fully participate in the experience.

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  • 10
  • October
  • 2016

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Would Columbus Have Lost His License to Operate?

Columbus Day, or "Día de la Raza" (Day of the Indigenous Races) as it is known in many Latin American countries, has become a controversial holiday in recent years. The current debate over the effects of European colonization six centuries ago can impact business endeavors that affect indigenous people. When pipeline operators are losing their licenses to operate around the world, including in Canada and even in North Dakota, because of difficulties with indigenous people, it is time that the energy industry—and indeed all international corporations—take a long look at their approach to indigenous populations.

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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