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On February 21, 2018, the US Supreme Court narrowed the definition of the term “whistleblower” under the Dodd-Frank Act. The Court found that to be a “whistleblower” covered by Dodd-Frank’s anti-retaliation provision, an employee must report concerns about their employer’s conduct to the Securities and Exchange Commission. In other words, an employee who reports such concerns only internally is not entitled to protection under Dodd-Frank.

Continue Reading The US Supreme Court Narrows Definition Of “Whistleblower” Under Dodd-Frank

On February 8, 2018, in what is believed to be the first time a gig economy case has been fully decided on the merits, a California federal judge ruled in favored in favor of the company and held that the delivery driver was properly classified as an independent contractor.

The opinion of US Magistrate Judge Jacqueline Scott Corley states that “[a]fter considering all of the Borello factors as a whole in light of the trial record, the Court finds that Grubhub has satisfied its burden of showing that Mr. Lawson was properly classified as an independent contractor.”

In rejecting the driver’s claim that he was actually an employee entitled to minimum wage, overtime and other benefits associated with employee status, the Court awarded the gig economy a significant victory.

Continue Reading Score One For The Gig Economy: California Federal Judge Upholds Independent Contractor Status Of Grubhub Delivery Driver

In our latest podcast, Baker McKenzie partner Joe Deng introduces Tomohisa Muranushi to discuss employment laws in Japan and give an overview of what changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

  1. Reduce excessive overtime
  2. Encourage greater female participation
  3. Watch out for developments regarding fixed term contracts

Download now on iTunes | Android | Stitcher | TuneInGoogle Play.

Multinational employers are facing a new era of globalization characterized by the polarized forces of cooperation and competition ─ a duality that makes for a messy business landscape. Our new report,  Globalization 3.0: How to survive and thrive in a new era of trade, tax and political uncertainty, aims to provide corporate leaders with a greater understanding of key trends so they can anticipate, influence and better prepare for the changing world order.

This report focuses on how the aforementioned forces of cooperation and competition are shaping policies in four key areas:

  • Data privacy
  • Investment
  • Labor and human rights
  • Tax

Alongside helpful insights, the report also identifies actions for companies to consider now to prepare for the next era of globalization.

Click here to view and download the full report.

On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) sent 1,000 Corporate Scheduling Announcement Letters (CSALs) to federal contractors informing them that they may be audited for compliance with federal non-discrimination requirements/affirmative action plans.

Continue Reading Federal Contractors: Be Prepared For An Audit In 2018

In our latest podcast, Baker McKenzie partner Carole Spink introduces Lois Rodriguez from Madrid to talk about employment laws in Spain and give an overview of what changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

  1. Continued debate on the treatment of permanent versus temporary workers, including the issue of severance entitlements
  2. Debate on requirement to track hours – different obligations for part-and full-time employees
  3. Increased attention to gender pay issues and more generally equal pay rights
  4. EU trade secret directive offers greater opportunities to protect trade secret + the importance of being proactive to benefit from this protection
  5. Implementation of GDPR which goes into effect in May 2018 – companies should make sure they comply with the new data privacy obligations

Download now on iTunes | Android | Stitcher | TuneInGoogle Play.

(With thanks to Lois Rodriguez from our Madrid office for preparing this post in collaboration with Yana Komsitsky.)

Before conducting workplace surveillance, employers who want to monitor their workplaces, even if they suspect their employees of stealing or other nefarious activity, should heed the recent European Court of Human Rights (ECHR) judgement in the case of Lopez Ribalda and others v. Spain.

In early January, the ECHR held in favor of five supermarket chain employees who had been dismissed after they were caught stealing on hidden cameras because the cameras had intruded on their right to respect for private and family life.

Continue Reading The European Court Of Human Rights Awards Damages To Five Employees Filmed Stealing From Their Employer

In our latest podcast, Baker McKenzie partner Ben Ho introduces Monica Kurnatowska to talk about employment laws in the UK and give an overview of what changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

  1. Brexit – UK employment rights will generally be unaffected in the short term, but there is concern from nationals from other EU states about their right to remain, despite attempt to re-assure them by the government
  2. Gig economy – closer scrutiny on misclassification of workers
  3. Gender pay gap – companies with 250 or more employee in GB, are required to publish key data points relating to the difference in pay between men and women

Download now on iTunes | Android | Stitcher | TuneInGoogle Play.

Be sure to download our 15 minute podcast about employment laws in Brazil. Baker McKenzie partner Kerry Weinger introduces Leticia Ribeiro from Sao Paulo to talk about employment laws in Brazil and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

  1. With the labor reform, it is time to revisit local practices, policies and agreements, and confirm that they are consistent with the new law
  2. While it is important to adjust to the new provisions of the labor code, it is important to do so with caution as we are hearing that the labor court judges might be a bit resistant to some changes that were recently introduced
  3. With the very near implementation of the eSocial program, multinational employer must be ready to start the required reporting and that the information reported will not create any issues

Download now on iTunes | Android | Stitcher | TuneInGoogle Play.