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

  • 25
  • June
  • 2019

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Does Your Arbitration Agreement Include a Carve-Out for Employee Access to the National Labor Relations Board? It Should.

Most employers mandating arbitration agreements as a condition of employment do not intend to prevent employees from filing unfair labor charges with the National Labor Relations Board (“Board”). But unless their agreements contain a “savings clause” making that clear to employees, they are susceptible to challenge that, at least according to the Board, could invalidate the entire agreement. 

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Why Does My Investor Relations Manager Need to Be in This Meeting?

For public companies, whenever there is a change in leadership for whatever reason, an issue that must be addressed is whether the company needs to make a public filing disclosing the change. The company should evaluate the disclosure both from a regulatory compliance standpoint and an investor relations standpoint, carefully considering both the tone and content of the disclosure.

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  • 13
  • June
  • 2019

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Employment Laws Also Apply to Your Household Caretakers

When you are an employment lawyer who represents management, most of your clients are businesses that have human resources departments. From time to time, however, I am cornered by friends at ball games or cocktail parties who have questions about the individual caretakers who assist them in managing their house, children, and garden, or, for example, the home health aides who might take care of their parents. Do the employment laws that we talk about in this blog apply to them?

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  • 11
  • June
  • 2019

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Time Is of the Essence: U.S. Supreme Court Rules That Failure-To-Exhaust Argument in Employment Discrimination Suits Can Be Waived If Not Timely Made

On June 3, 2019, in Fort Bend County v. Davis, the Supreme Court held that federal courts can hear discrimination claims under Title VII of the Civil Rights Act, even if the worker alleging discrimination did not bring those claims first to the U.S. Equal Employment Opportunity Commission (“EEOC”) or an equivalent state-level workplace discrimination body.

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Watch for Gathering Storms to Protect your Expatriates

We are all concerned when we send an employee to a location where we know that the work circumstances and living conditions may not be the safest. However, we should also be concerned about those expatriates who have been working in locations that were considered safe when they were first given the foreign assignment. My message in this post is that you should have a good view at all times of any gathering storms that may impact those employees.

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  • 30
  • May
  • 2019

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The Return of the “No-Match” Letter

The last time a client of mine received a “No-Match” letter was in 2012, so I was somewhat surprised when multiple clients received letters from the Social Security Administration in only the last few weeks. Apparently, my clients were not alone. According to a New York Times story, over half a million employers received similar letters in the last couple of months.

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  • 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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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