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

Undisclosed Personal Use of Company Perks by Executives Draws SEC Enforcement Action

In an unusual enforcement action, on July 2, 2018, the Securities and Exchange Commission (“SEC”) announced that Dow Chemical Company (“Dow”) agreed to settle charges relating to “inadequate” perquisite disclosures in their SEC filings from 2011 through 2015. The perquisites identified by the SEC — which included personal use of company aircraft for travel to outside board meetings, sporting events, and personal activities, club memberships, use of personal assistant office time, and membership fees — total approximately $3 million.

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Doing Background Checks Right (Part Three)

When talking about background checks in the first two parts of this series, we focused our attention on “consumer” or “investigative” reports an employer might obtain from a third-party company that specializes in doing background checks. This is because few human resources departments have the time or personnel resources to devote to checking court records in every jurisdiction where an applicant may have lived.

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Look Before You Leap — “Weinstein Reps” in Corporate Transactions

As Louis Brandeis observed, sunlight is said to be the best of disinfectants. The exposure and discussion prompted by the #MeToo movement has shone a cleansing light on the issue of sexual harassment in the workplace. One of the more recent developments on this front has been the increasing prevalence of “Weinstein reps” in corporate transactional agreements. But before a buyer asks for one of these representations, or a seller agrees to give one, there are a few points that should be considered.

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  • 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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Doing Background Checks Right (Part Two)

After complying with all of the procedural requirements of the Fair Credit Reporting Act, what are you going to do about that five-year old DWI conviction, the two-year old bad check conviction, or that very recent assault conviction that your recent star college grad applicant pled guilty to after getting into a barroom fight during Spring Break in his junior year?

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  • 02
  • August
  • 2018

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OSHA Proposes Rescinding Most of Obama Electronic Reporting Requirements

We were not surprised when OSHA issued a Notice of Proposed Rule late last week which would eliminate the Obama Department of Labor requirements that employers with more than 250 employees would have to electronically submit their logs of Work-Related Injuries and Illnesses (OSHA Form 300) and their Injury and Illness Incident Reports (OSHA Form 301).

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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