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

  • 28
  • May
  • 2019

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Home Remedies for Diagnosing Trade Secrets Theft

Listen to your gut when an employee who had access to confidential information leaves your company. Were they vague on their next steps? Is there a chance they’re going to work for a competitive venture? Are you concerned about the kind of information they had access to? If so, there are steps you can probably take (in house!) that will either soothe or further upset your gut. You want to know as soon as possible if you have a case of misappropriation of your company’s confidential information on your hands.

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The Westeros Citizens Participation Act (Yeah, Right)

My disappointment with the Game of Thrones’ finale on Sunday night was greatly alleviated by the news on Monday morning that a bill amending the Texas anti-SLAPP law is on its way to the governor’s office. This amendment to the Texas Citizens Participation Act (the anti-SLAPP law) – should it be signed into law by Gov. Abbott – explicitly says that the TCPA does not apply to a legal action arising from an employer-employee relationship (among other relationships) that seeks to recover for trade secrets misappropriation, or seeks to enforce a non-compete or non-disparagement agreement.

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  • 21
  • May
  • 2019

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Banning the Box on those Old Job Application Forms

While employment lawyers like myself — and the EEOC — have long cautioned employees against automatically asking job applicants about their criminal history, few companies would think twice (absent advice of learned counsel) about asking “Have you ever been convicted of a felony or a misdemeanor?” on their standard job application forms. After all, who wouldn’t want to know if a potential hire has a problem with drug abuse, violence, or … honesty? 

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Executives Behaving Badly: Applying the “Musk Principles”

The SEC recently sought to have Elon Musk, CEO of Tesla, Inc., held in contempt because Musk tweeted that “Tesla made 0 cars in 2011, but will make around 500k in 2019,” followed by a second tweet in which he wrote “Meant to say annualized production rate at end of 2019 probably around 500k, ie 10k cars/week. Deliveries for year still estimated to be about 400k.”

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  • 14
  • May
  • 2019

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The Gig Economy In The Crosshairs: The Ninth Circuit Extends Dynamex Retroactively

The battle over the gig economy continues on the West Coast. The Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc., held that the California Supreme Court’s test to determine whether a worker is an independent contractor or an employee, has retroactive effect. In the context of many high-profile IPOs by companies dependent on independent contractors, and legislative efforts by the California legislature, the Vazquez decision adds additional hurdles for California companies looking to take an expansive approach in classifying their workers as independent contractors.

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Pink Hair in the Workplace

A few months ago, I was having lunch with a good friend who — although she is not an employment lawyer — likes to get my thoughts on current workplace issues. As we ate our pizzas, my friend wanted to talk about the Millennial receptionist at her office who had showed up earlier that morning having dyed her hair bright pink.

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  • 02
  • May
  • 2019

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“This is My Information and You Can’t Have It” – Breaking Down Information Walls in the Workplace

I recently heard a story about a company that created a new division as a result of a technology advancement and ran into a problem –– a “wall,” if you will. The problem was that, in its nascent state, the technology that was going to be used by this new division had been previously “owned” by the IT department. 

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  • 30
  • April
  • 2019

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Professionals and Managers as Shift Workers

What if companies and firms made flexible work mandatory for all?  What if everyone was given a “shift” to work and knew that otherwise, they were not to respond to the constant emails or calls, but rather could rely upon their “shift relief” to answer?  Would the result be a more fair workplace for all with equality in opportunity and compensation?

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  • 25
  • April
  • 2019

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The Supreme Court All But Ends Classwide Arbitration, Delivering A Win For Employers

When most employers think about arbitration with their employees, they think about arbitrating the claims of one employee at a time. The U.S. Supreme Court agreed this week in Lamp Plus, Inc., et al. v. Varela, deciding that parties cannot be compelled to arbitrate class actions unless the arbitration agreement explicitly calls for class arbitration (something that virtually no arbitration agreement does).

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  • 23
  • April
  • 2019

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The Supreme Court “Finally” Grants Review of LGBTQ Title VII Cases

As a gay man and an employment law specialist, I have long been interested in the issue of whether Title VII’s prohibition against sex discrimination also protects employees from discrimination based on their sexual orientation or gender identity. Since as far back as 2004, at least one federal circuit court (the Sixth Circuit) has held that transgender employees are clearly protected.

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U.S. Labor Department Seeks to Expedite Discretionary Suspensions and Debarments of Federal Contractors that Commit Labor Violations

The U.S. Department of Labor (DOL) has announced a new pilot program to speed up discretionary suspensions and debarments of individuals and contractors “from months to days.” The pilot program’s goal is to reduce the processing time for discretionary suspensions and debarments through the sharing of information based on indictments or convictions.

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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