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

  • 27
  • October
  • 2017

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What’s California Got to Do With Me?

Although state employment laws generally do not have extraterritorial application, what constitutes an extraterritorial application when it comes to the California Labor Code is not clearly settled. As such, employers that are not headquartered in California but have employees who work in the state from time to time should take into account California law — and its potential applicability — when developing and reviewing employment policies and practices.

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  • 17
  • October
  • 2017

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PSM and Petroleum Refineries: Lessons Learned (Part 1)

Although the PSM standard was promulgated by OSHA in 1992, it wasn’t until 2007 that OSHA began to systematically inspect petroleum refineries as part of its Petroleum Refinery Process Safety Management National Emphasis Program (NEP). Many safety managers at refineries around the country were surprised at how easily OSHA was able to use the PSM standard to issue dozens of high dollar value citations by simply issuing multiple citations for each subsection of the standard.

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SOX Liability From A Whistleblower Outside the United States? Maybe

It is natural (and logical) to assume that United States laws do not apply to an individual’s actions in another country. Although this is not always the case — federal discrimination laws, for example, cover U.S. citizens employed by U.S. employers in a foreign country — one would usually expect that conduct is governed by the law of the country where the alleged violation occurred. A recent Department of Labor Administrative Review Board (“ARB”) decision, however, held that Sarbanes-Oxley’s (“SOX”) whistleblower protections may also apply to employees stationed outside the United States.

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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