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

  • 13
  • July
  • 2017

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The Deadline is Here: So Where Can I Electronically File My OSHA 300A Forms?

Back in January, we reminded our readers that employers that are required to submit OSHA 300A forms would have to submit their 2016 forms electronically by July 1, 2017. As many of my clients have already discovered, complying with this regulation has not been possible. While OSHA had promised that it would launch the recordkeeping website in February 2017, it still had not done so when the July 1, 2017 deadline arrived. There is currently no place to electronically report.

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  • 11
  • July
  • 2017

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Texas Supreme Court Weighs In on Jones Act Coverage

The Texas Supreme Court recently addressed an important question of Jones Act coverage: when is a vessel “out of navigation” and thus outside the Act’s purview?1 With the number of stacked rigs in the Gulf of Mexico, this is an important case for companies with employees on those rigs. In a 5-4 split decision, the Court found that a ship that was taken out of service, subjected to a 20-month conversion process, and unable to engage in transportation was “out of navigation.”

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  • 05
  • July
  • 2017

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Get Your HR Manager an Aspirin: Coping with Paid Family Leave in New York

The New York Paid Family Leave Benefits Law (“PFLBL”), which goes into effect January 1, 2018, might create some new headaches for your company’s HR manager, especially during the initial adjustment to the law. The new law entitles employees to partial salary replacement if they take a leave to bond with a child, care for a close relative with a serious health condition, or help relieve family pressures when someone is called to active military service.

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Pitfalls of Global HR Policies: It’s Not Such A Small World After All

If you work in the human resources department for a multinational company, you already know that it is impossible to have the exact same human resources policies and benefits in every country where you do business. And yet, most companies like to have some rules and policies that apply globally — prohibitions against bribery, harassment or insider trading, for example — because such rules and policies reflect the underlying culture of the entire company.

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Thick Skin Training Needed For All

Sometimes nothing is more frustrating to a supervisor or a human resources manager than the poorly performing employee who seems incapable of accepting constructive criticism. But managers and supervisors can be similarly thin-skinned when employees make complaints about them, and their reactions to subordinates’ criticism may explain why 45% of all charges filed with the EEOC are retaliation claims, and why these types of claims are also on the rise with other agencies.

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  • 06
  • June
  • 2017

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Workers' Rights - The UK Election Battleground

You’d be forgiven for tuning out politics at the moment, but we cannot escape the fact that there is a general election just around the corner in the UK, and employment laws are high on the agenda. As we get close to polling day, the Conservative’s lead in the polls remains, but it is looking a lot slimmer than it was a few weeks ago. So what does it mean for workers’ rights if the Conservatives remain in power or if Labour pulls off a shock win? The manifestos of the two leading parties are, perhaps unsurprisingly, vague on the details, but both are trumpeting their commitments to protect workers.

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  • 30
  • May
  • 2017

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When the Employee Says, "I Want My Lawyer!"

Maybe it’s “Law and Order” but employers are increasingly encountering employees who are unwilling to talk to a human resources manager during investigations unless they can have a lawyer present. I have been asked, “Does an employee have a right to have a lawyer present when he is being questioned about something?” The answer is “No.” While employees in union workplaces do have a right to have a representative present during investigative interviews that could result in discipline, employees – even those represented by unions – do not have a right to have a lawyer present when being questioned by human resources.

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Is My Employee Recording Me?

It is not unusual for supervisors today to wonder whether they are being recorded by employees during meetings when performance issues or discipline are being discussed. “Can they do that?” I am often asked. Interestingly, while an employee may not have a legal right to demand that a disciplinary meeting be recorded, in most states, it is not illegal for an employee to surreptitiously record their supervisor or manager during meetings where performance issues or discipline are being discussed. And, in fact, employment lawyers are increasingly seeing recordings used as evidence in employment lawsuits.

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Under Siege: Addressing the CEO Attacked by Shareholder Activists

CEOs have long had to look over their shoulders to their company’s shareholders with some fear of a revolt that could lead to the CEO’s removal. While typically seeking board representation, shareholder activists also often go after the CEO of their targets. It is the unfortunate circumstance that sometimes a board has to sacrifice the CEO to satisfy the activist.

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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

S. Grace Ho

S. Grace Ho Counsel

Jacob D. Ecker

Jacob D. Ecker Associate

Robert Sheppard

Robert Sheppard Associate