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More than ever, organizations are feeling the pressure to disclose information from all sides – consumers, employees and regulators

Underlying this trend toward organizational transparency is a desire from stakeholders for accountability and meaningful change. But while transparency is undoubtedly a tool to achieving this, organizations will need to back information disclosure with effective governance and a strategy to drive real progress.  
 
In the latest article of our Workforce Redesign: Outlooks for Business Leaders series, we explore how increased demands for transparency are shaping the workforce landscape across key areas such as inclusion, diversity and equity (ID&E) and environmental, social and governance (ESG) efforts and how organizations can ensure their information disclosure is intentional, impactful and legally compliant.

Read the article today to confidently plan for what’s next for your workforce.

More articles coming soon! Our Workforce Redesign: Outlooks for Business Leaders series spans the key areas of change that are shaping the modern workforce, including: responsible AI in HR, the future of flexible work and the war for talent. Visit our hub for all of the insights on this topic to date, with more content coming soon!

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On the eve of the Fourth of July, the FTC rule banning most noncompetes is going up in smoke after a federal court in Texas held the US Chamber of Commerce and a tax firm are likely to prevail on their argument that the agency overstepped its authority to adopt the nationwide prohibition.

The decision, on the heels of the US Supreme Court’s ruling reining in federal agency power under the Chevron doctrine, demonstrates the challenge the FTC faces in promulgating substantive regulations dealing with competition in the economy.

Continue Reading Red, White and Blocked: Federal Judge Pauses FTC’s Ban on Employment Noncompetes
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Enforcement against restrictive labor market agreements has become a priority for many competition authorities worldwide.

As a result, certain HR practices are in the spotlight of antitrust enforcers and companies and staff who agree not to poach employees from others, or who agree to fix wages, are in clear and present danger of serious financial and even criminal penalties.

It is therefore crucial to know where the boundary lies between legitimate and risky HR practices and how to avoid crossing it.

Find out more and access valuable tips in International antitrust onslaught against HR practices: act now to stay ahead of the game, which includes: 

  • The global tipping point for competition enforcement in relation to HR practices
  • Compliance pitfalls when it comes to HR practices
  • Compliance pitfalls when it comes to HR practices

Click here to continue reading.

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When companies expand to new countries, they need to prioritize different legal and tax topics depending on whether they are just accepting orders from abroad (B2B or B2C), engaging with distributors, hiring contractors, or setting up formal presences. In this webinar, Baker McKenzie partners provide practical guidance on how to make decisions on going or staying global, and address topics that should be top of mind before expanding into new jurisdictions. You will receive roadmaps, checklists, suggestions for issue spotting, an introduction to Baker McKenzie’s Field Guide to Going Global publication and 1 hour of CLE credit. We will share guidance relevant to start-up companies and established multinationals that are broaching new frontiers. Join us to hear from our Firm’s practice experts on key considerations when expanding your business.

Date: Thursday, June 27, 2024

Time: 12:00 pm – 1:00 pm PT, 2:00 pm – 3:00 pm CT, 3:00 pm – 4:00 pm ET

Click here to register.

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We are pleased to share with you The Global Employer – Global Immigration & Mobility Quarterly Update, a collection of key updates from Brazil, Italy, Luxembourg, Singapore, the United Kingdom, and the United States.

Click here to view.

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We are thrilled to announced that the latest edition of The Global Employer: Focus on Global Immigration & Mobility is now available! This handy, go-to desk reference guide includes:

  • An overview of key global immigration and mobility issues to consider related to immigration, employment, compensation and employee benefits, income taxes and social insurance, and global equity compensation.
  • An executive summary for 27 jurisdictional chapters identifying key government agencies, highlighting current compliance and enforcement trends, and describing short and long term visas appropriate for business travel, training and employment assignments. The handbook includes other can’t miss insights for global human resources and legal teams.

Click here to access now.

Baker McKenzie offers comprehensive legal advice related to global immigration – delivered locally around the world. We help employers plan and implement global transfers and provide on-site legal support to companies and employees in most major business communities around the globe. To know more, visit our Global Immigration & Mobility page or contact us here.

*Jurisdiction chapters available for Argentina, Australia, Austria, Belgium, Brazil, Canada, China, Colombia, Czech Republic, Germany, Hong Kong SAR, Hungary, Italy, Japan, Luxembourg, Mexico, Myanmar, The Netherlands, Philippines, Poland, Singapore, Spain, Switzerland, Taiwan, Ukraine, United Kingdom, United States, and Vietnam.


Global Employment & Compensation Resource Suite

Looking for additional resources to ensure your HR and legal counsel remain up-to-date on the latest employment law regulations globally?

Access our Global Employment & Compensation Practice Group’s full digital library of legal content on-demand.

The Global Employment & Compensation Resource Suite is a self-service database that provides our clients with 24/7 access to our global employment resources. Once registered, users can browse our range of Global Employer Handbooks, Blogs and Media, and Legal Updates.

Click here to request access.

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We’re bringing the world to you. Join Baker McKenzie for our annual Global Employment Law webinar series.

In the face of intensifying geopolitical risk and continuing economic uncertainty, the challenges for global employers to plan carefully and operate strategically to maintain a thriving workforce is greater than ever. We’ll help employers navigate those challenges in our four-part webinar series featuring Baker McKenzie Global Employment Law colleagues from the Americas, Asia Pacific, Europe, and the Middle East and Africa who will share legal updates and trends impacting US-based multinationals, and provide tips and best practices for your success. 

In each 60-minute discussion, we will explore:

  • The Local Political & Economic Climate
  • How Global Hot Topics Play Out Locally, highlighting developments in:
    • Noncompete Agreements
    • The Shifting ID&E Landscape
    • Labor Relations
    • AI in the Workplace
  • New Laws to Know
  • Action Items for Employers to Take Now (“To-Dos”)

Join us!

Registration Details

THE AMERICAS
Argentina, Brazil, Canada, Colombia and Mexico
Thursday, June 6, 2024
10 am PT/ 12 pm CT/ 1 pm ET
Click here to register for the Americas webinar.

ASIA PACIFIC
Australia, China, Japan, the Philippines, Singapore and Vietnam
Wednesday, June 12, 2024
3 pm PT/ 5 pm CT/ 6 pm ET
Click here to register for the APAC webinar.

EUROPE
France, Germany, the Netherlands, Spain and the United Kingdom
Thursday, June 20, 2024
9 am PT/ 11 am CT/ 12 pm ET
Click here to register for the Europe webinar.

THE MIDDLE EAST AND AFRICA
Egypt, Saudi Arabia, South Africa, Türkiye and the United Arab Emirates
Wednesday, June 26, 2024
9 am PT/ 11 am CT/ 12 pm ET
Click here to register for the MEA webinar.

To view these programs in a different time zone, click here
Please “register” for a copy of the recording and materials if you are unable to attend live.

CLE Accreditation

Each program is approved for 1.0 general California CLE credit, 1.0 general Illinois CLE credit, and 1.0 professional practice New York CLE credit. Participants requesting credit for other states will receive Uniform CLE Certificates.

Each 1-hour program can be applied towards the 9 Substantive Hours of Continuing Professional Development (CPD) required by the Law Society of Ontario.

Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York. This program is appropriate for both experienced and newly admitted New York attorneys. 
 
**While CLE credit may be pre-approved in certain jurisdictions, final CLE accreditation approval is anticipated, but not guaranteed.

To view the complete roster of presenters for each regional program, click here

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On May 17, 2024 Colorado Governor Polis signed the landmark Colorado AI Act (Senate Bill 24-205) into law. Colorado is now the first US state with comprehensive AI regulation, adopting a classification system like the European Union’s recent AI Act. The law will take effect February 1, 2026

The law exempts small employers (fewer than fifty full-time employees) from some of its requirements but otherwise requires companies to take extensive measures to protect Colorado residents against harms such as algorithmic discrimination.

SB 205’s Details

SB 205 requires “developers” and “deployers” of “high-risk artificial intelligence systems” to use “reasonable care” to protect Colorado resident consumers from any known or reasonably foreseeable risks of “algorithmic discrimination.” As written, the law most likely applies to both creators of high-risk AI systems, as well as employers adopting high-risk AI technologies within their organization.  

Continue Reading From Brussels to Boulder: Colorado Enacts Comprehensive AI Law with Significant Obligations for Employers on the Heels of the EU AI Act
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This fall, California voters will have the opportunity to decide the fate of the state’s Private Attorneys General Act (PAGA). After receiving more than the 700,000 signatures in support, the “California Employee Civil Action Law and PAGA Repeal Initiative” has qualified for the November 5, 2024 state ballot. If the initiative passes, PAGA will be repealed and replaced with the “Fair Pay and Employer Accountability Act,” which will double the statutory and civil penalties for willful state labor law violations, require 100% of monetary penalties be awarded to employees, and provide resources to employers to ensure compliance with wage and hour laws. The new law will preclude plaintiffs’ attorneys from recovering any fees in actions brought under the statute and impose other requirements to effectively “de-deputize” citizen attorneys general.

What Would the New Law Do?

In response to wide ranging criticism of PAGA, the ballot initiative seeks to repeal and replace PAGA with the Fair Pay and Employer Accountability Act. If passed, the initiative would:

  • Double statutory and civil penalties for willful violations;
  • Award 100% of monetary penalties to employees (instead of the current 25%);
  • Provide resources to employers to ensure labor compliance and allow employers opportunities to cure violations without penalties;
  • Require that the Division of Labor Standards Enforcement (DLSE) be a party to all labor complaints;
  • Prohibit award of attorneys’ fees (which are currently permitted under PAGA); and
  • Require that the state legislature fully fund the DLSE to meet the division’s requirements by law.
Continue Reading Is the End in Sight for PAGA Actions? Californians May Vote “YES” on November 5, 2024.
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The regulatory landscape for immigration compliance is constantly evolving. To protect and keep top talent and to avoid tangles with the law, US multinational employers must stay on top of the latest legal decisions and guidance.

In this blog series, our team of Global Immigration and Mobility experts will share significant legal updates and practical strategies for maintaining compliance. In our first post, we highlight the possible implications of the SEC v. Jarkesy case for immigration courts, and highlight the DOJ’s recently-released Fact Sheet addressing I-9 compliance when using electronic platforms.

1. Challenge to the Validity of Administrative Judges Could Have a Major Impact on the DOJ’s Ability to Investigate Employers for Immigration Misconduct

    A case currently pending in the US Supreme Court could have high stakes for administrative law judges in the immigration context–and, depending on the outcome, could theoretically open the door for challenging the ability of the DOJ to investigate employers for immigration-based discrimination.

    Background

    On November 29, 2023, the US Supreme Court held oral argument in SEC v. Jarkesy. Jarkesy, an investment advisor, had been found guilty by an ALJ of securities law violations. As a result, he was fined, barred from securities industry activities, and his firm was required to repay investors. Jarkesy challenged the SEC’s enforcement action at the 5th Circuit, which agreed with Jarkesy, and the case was appealed to the Supreme Court. Notably, a core question before the Court is whether Congress’ decision to allow ALJs to be removed only for “good cause” violates Article II of the Constitution (requiring the President to “take Care that the Laws be faithfully executed.”)

    Possible impact on ALJs responsible for deciding cases involving immigration-based discrimination by employers

    During oral arguments, conservative justices expressed doubts about the constitutionality of the SEC’s current process, where ALJs handle violations and defendants are not entitled to a jury trial.

    The arguments that could potentially weaken the authority of ALJs in the Jarkesy case–i.e., that defendants are unconstitutionally deprived of a jury trial when administrative judges address infractions–could also be extended to ALJs sitting within the Office of the Chief Administrative Hearing Officer (OCAHO), potentially depriving them of their ability to adjudicate cases. Defendants are already using this argument in ongoing cases in an effort to invalidate the DOJ’s immigration-related proceedings against them.

    If the Supreme Court’s decision leads to the removal of ALJs at the SEC, it is likely that the authority of ALJs at other agencies will face subsequent legal challenges, including enforcement actions brought against employers by the DOJ for allegations of: (i) citizenship-based discrimination; (ii) national-origin-based discrimination; (iii) document abuse (relating to I-9s); and (iv) retaliation.

    Continue Reading Beyond Borders: How US Multinational Employers Can Master Immigration Compliance