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Managing the Modern Workplace, April 16, 2019
It should be simple to just write a letter offering someone a job. Unfortunately, that is not the case. While offer letters may not be required by law, employers often wish to set out terms and conditions of employment in an offer letter.
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Managing the Modern Workplace, April 11, 2019
Disclaimer: This article does not contain any tips for dressing well. Instead, I address what happens if one of your employees walks out the door to join a competitor and that competitor begins to produce products that look suspiciously like yours.
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Managing the Modern Workplace, April 09, 2019
In contrast to the U.S. Constitution, the Mexican Constitution — enacted over 100 years ago after a bloody revolution — enumerates specific constitutional rights protecting the rights of Mexican workers, including the right to organize unions and the right to strike.
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Managing the Modern Workplace, April 4, 2019
Your employee tells you that he would like to use his four weeks of annual vacation so that he can take care of his very ill mother who lives in another state.
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Managing the Modern Workplace, April 2, 2019
We’ve all seen the driver behind the wheel talking on his cell phone and weaving across lanes, making turns without signals, and all sorts of other dangerous maneuvers.
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Managing the Modern Workplace, March 28, 2019
Much to the surprise of many business managers, a terminated employee who has been paid a severance may still sue for age discrimination after signing a release if the release was not carefully drafted.
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Managing the Modern Workplace, March 26, 2019
Texas is still a long way from becoming California when it comes to employment law, and no one expects the Republican dominated Texas legislature to follow the recent trend of other state legislatures (e.g., New York, Washington, Maryland) in restricting employers from arbitrating claims of sexual harassment.
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Managing the Modern Workplace, March 21, 2019
Most of us have had this experience. You have just moved to a new home and, as you unpack your boxes, you look at some item and think to yourself, “Why did I just pay to have this moved?”
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Managing the Modern Workplace, March 19, 2019
Ordinarily, you might expect that the business community would get pretty upset by a proposed rule increasing the minimum salary required for exempt employees under the Fair Labor Standards Act from $23,600 to $35,308. After all, there are quite a few front line supervisors in fast food restaurants and smaller businesses who earn annual salaries in the low thirty thousands, especially in communities with lower costs of living. The proposed regulation will require employers to start paying these employees overtime or raise their salaries to the minimum threshold.
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Managing the Modern Workplace, March 14, 2019
In many transactions, a significant part of the value to the buyer of a company is the people working for the company.
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Managing the Modern Workplace, March 12, 2019
The Department of Justice Antitrust Division (the “DOJ”) recently put its thumb on the scale in favor of plaintiffs with respect to the standard to be applied in antitrust litigation involving purported “no-poach” agreements among competing employers.
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Managing the Modern Workplace, March 07, 2019
As you may know, the United States, Canada, and Mexico negotiated a new trade agreement in November 2018 titled the United States–Mexico–Canada Agreement (USMCA), which is intended to replace NAFTA.
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Managing the Modern Workplace, March 05, 2019
In order to effectively drive a culture of ethical conduct, companies must ensure that compliance priorities set by executive leadership extend to even the lowest level employees.
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Managing the Modern Workplace, February 28, 2019
In the eight years since Lady Gaga first sang that she lives
“just as free as her hair,” workplace race discrimination issues related to hair
grooming policies have become more prominent.
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Managing the Modern Workplace, February 26, 2019
Avoiding slipping up on the FLSA’s rules and
regulations is notoriously difficult, both for small businesses as well as
large companies with sophisticated HR and legal teams. If your business hasn’t looked
recently at its wage and hour practices, use our quick checklist to performing
a high-level, 30-minute desk audit to identify some of the most common blind
spots that might need further review.
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Managing the Modern Workplace, February 21, 2019
With apologies to President Kennedy’s prosaic description of alliances, antitrust issues — if not properly managed — can make alliances the source of legal issues.
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Managing the Modern Workplace, February 19, 2019
In the face of well-publicized corporate scandals such as #MeToo, and in response to heightened corporate accountability standards under Sarbanes-Oxley and Dodd-Frank, internal investigations serve as a critical component of an effective governance and corporate compliance program.
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Managing the Modern Workplace, February 15, 2019
Data protection law is quickly becoming a legal-compliance headache for many companies. As companies and their customers have continued to store more data in the cloud, that data has become a valuable target for hackers.
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Managing the Modern Workplace, February 12, 2019
On January 25, 2019, OSHA issued a final rule rescinding the Obama administration’s requirements that employers with more than 250 employees must electronically submit their logs of Work-Related Injuries and Illnesses (OSHA Form 300) and Injury and Illness Incident Reports (OSHA Form 301).
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Managing the Modern Workplace, February 7, 2019
As many employers have learned, the biggest liability in many overtime cases brought under the Fair Labor Standards Act (“FLSA”) is often not the unpaid overtime or liquidated damages but the attorneys’ fees that the plaintiff’s attorney is entitled to recover if he prevails on behalf of his client.
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