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

  • 09
  • August
  • 2018

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Why is Litigation so Expensive?

Those of us who spend time in litigation have often heard clients question why litigation has become so expensive. For some clients, it is, in part, because they were not ready for it. It is difficult to prepare for litigation when little has been done to control the explosion of information that occurs in the digitally driven modern workplace in which we live.

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Traveling Overseas for Work – Paid or Unpaid?

I recently traveled to Norway for business. On my long flight home, I began considering to what extent my travel time would be compensable time under the Fair Labor Standards Act (“FLSA”) (assuming I were a non-exempt employee, of course). This thought was not totally out of left field, as the Norwegian Supreme Court recently ruled that travel time for a police officer is working time for the purposes of Norwegian pay and overtime laws. This Norwegian decision prompted me to think about what the FLSA — which was enacted when international air travel was rare — says on the topic of international travel time?

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Celebrate Freedom, Hug a Lawyer

“I have gone to jail for what I have said.” That’s what I was recently told by a lawyer from another country when he received a call from a reporter asking him to comment on a recent decision from one of his country’s courts. When I asked him how careful he had to be with what he said, he described his time spent in jail for statements he has made.

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A Monster of a Lesson on Managing Risks in Supply Chains

The worlds of shareholder activism and international human rights have converged to unleash a campaign against Monster Beverage Corporation. For some time now, shareholder activists have been pointing out that Monster Beverage uses sugar cane that is produced in many areas of the world where there have been concerns about modern slavery. Unlike some of its competitors, Monster Beverage apparently has not revealed much about its supply chain and has not performed any audits of that supply chain.

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  • 21
  • May
  • 2018

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Employers With Class Action Waivers in Arbitration Agreements Vindicated

As we have repeatedly discussed on the Managing the Modern Workplace blog, the fate of employers’ dispute resolution programs, and other arbitration clauses that include class and collective action waivers, has long hung in the balance. Today, in a 5-4 decision authored by Justice Gorsuch, the Court resolved the question of the enforceability of class and collective action waivers in favor of employers.

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DOJ Settles Enforcement Action Targeting “No Poach” Agreements

In our February post discussing this issue, we predicted that federal criminal antitrust prosecutions of no-poaching and no-hire agreements were on the near horizon due to the U.S. Department of Justice, Antitrust Division’s (“DOJ”) October 2016 guidance alerting companies and HR professionals to beware of the antitrust risk involved in hiring and compensation decisions. Making good on these warnings, the DOJ recently announced a settlement with two of the world’s largest rail equipment suppliers (Germany-based Knorr-Bremse AG (“Knorr”) and Delaware corporation Westinghouse Air Brake Technologies Corporation (“Wabtec”)) to resolve allegations that the companies maintained long-standing agreements not to compete for employees.

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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