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Caroline Burnett is a Professional Support Lawyer in Baker McKenzie’s North America Employment & Compensation Group. Caroline is passionate about analyzing trends in US and global employment law and developing innovative solutions to help multinationals stay ahead of the curve. Prior to joining Baker McKenzie in 2016, she had a broad employment law practice at a full-service, national firm. Caroline holds a J.D. from the University of San Francisco School of Law (2008) and a B.A. from Brown University (2002).

Listen in! We just released three new episodes of The Employer Report podcast series. Each 15-20 minute episode offers on-the-go learning opportunities to navigate the latest developments impacting multinational employers.

  • 2019 Employment Law Changes in China, Australia and Singapore
  • 2019 Employment Law Changes in France, Germany and the UK
  • 2019 Employment Law Changes in Mexico and Brazil

Download these episodes (and more) on:
 iTunes | Android | Stitcher | TuneInGoogle Play

For past episodes, visit The Employer Report on Bakermckenzie.com.

On January 25, 2019, the National Labor Relations Board reaffirmed its adherence to the traditional common law independent contractor test for determining whether a worker is an employee or an independent contractor under the National Labor Relations Act.

In SuperShuttle DFW, Inc., the Board expressly overruled its 2014 FedEx Home Delivery decision. In FedEx, the Board drastically reduced the significance of entrepreneurial opportunity in the determination of independent contractor status. FedEx emphasized the right to control factors relevant to the so-called “economic realities” test and gave weight to whether a worker was in fact “seizing” actual opportunities and rendering services as part of their own independent business.

SuperShuttle DFW, Inc. is significant as it abandons the Obama-era standard and gives a boost to companies using contract labor by elevating the importance of entrepreneurial opportunity in the independent contractor analysis. Insodoing, the Board returns the legal framework to its traditional common law roots and adds the examination of entrepreneurial opportunity. The decision suggests that moving forward, the Board “evaluate the common-law factors through the prism of entrepreneurial opportunity when the specific factual circumstances of the case make such an evaluation appropriate.”

Continue Reading Emphasizing “Entrepreneurial Opportunity,” The NLRB Returns To Business-Friendly Independent Contractor Test

In the wake of the #MeToo movement, a number of states (and New York City) now mandate workplace sexual harassment prevention training.

The chart below is intended to help multi-state employers keep track of their obligations across the country.

Continue Reading Quick Guide To Harassment Prevention Training Requirements Across The US

Join us at 3:00 pm Thursday, January 24 for our California Employment & Compensation Update in our new Los Angeles office. A range of topics will be covered during our program which will begin with a panel discussion addressing emerging trends in advancing corporate Diversity & Inclusion goals, followed by your choice of updates on California employment law issues or on global share plan developments. After the program, we invite everyone to join for cocktails and hors d’oeuvres at Javier’s Century City.

Click here to view the full invitation for more details, including a description of the panel discussion and choice of updates. Click here to register.

Hope to see you there!

2018 was, without a doubt, another extraordinary year for US employers. The #MeToo movement continues to have a tremendous impact on the workplace. In addition, the thorny issue of how to manage contractor classifications in the gig economy continued to evolve and new DOJ enforcement activity is heightening concerns about no-poaching agreements and other antitrust activity. In 2019, employers will confront a host of new laws in 2019 on topics ranging from sick leave, lactation accommodation, salary history inquiries and much more.

Our 2018/2019 Digest is a fantastic resource to help you navigate the changes ahead and chart your course for 2019.

 

Click here to download the full Digest.

This month California’s Department of Fair Employment and Housing released an updated Sexual Harassment Poster and Brochure.

Either the poster or the brochure can be distributed to employees to meet legal requirements.

For more on new obligations for California employers with respect to sexual harassment prevention, click here.

In the wake of the #HeForShe movement, California recently became the first US state to require companies to put female directors on their corporate boards.

Supporters of the law make a convincing business case for gender diversity, citing rigorous research findings showing companies where women are represented at board or top-management levels are also the companies that perform best financially. Beyond the business case however, there is also a sense that increased representation is critical to discussions and decisions affecting corporate culture and ensuring workplace respect and dignity.

Now is the time to focus on building a strong corporate culture of equality and respect. California is advancing a trend started in Australia and a number of European countries in recognizing the importance of gender-balanced corporate boards. Germany, Italy and the Netherlands all have initiatives in place to boost corporate board representation.

Baker McKenzie is uniquely positioned to guide companies in developing globally compliant corporate diversity and inclusion initiatives, including board compliance issues. Click here for more information on board level D&I initiatives around the globe, and how we can help.

Alyssa Milano tweeted #MeToo just about one year ago. Since then, we’ve seen unprecedented attention on sexual harassment in the workplace and a number of high profile individuals have been taken to task.

For employers, the spotlight, viral encouragement to come forward and public scrutiny is translating to an outpouring of claims and lawsuits. Indeed, in September 2018, the EEOC reported a surge in sexual harassment filings–more than a 50 percent increase in suits challenging sexual harassment over FY 2017.

Continue Reading #MeToo Legislation Lands In California With A Thud

Thanks to our Canadian colleagues for this alert: 

Ontario’s revised regulatory framework for cannabis is now in effect. Bill 36, the Cannabis Statute Law Amendment Act, 2018, received Royal Assent and came into force on October 17, 2018, amending 18 provincial statutes including the Cannabis Act, 2017  (now the Cannabis Control Act, 2017 ) and the Smoke-Free Ontario Act, 2017  (SFOA 2017).

Continue Reading It’s High Time: Ontario Finally Passes Its Cannabis And Smoke-Free Legislation

Please join us for a complimentary breakfast briefing in Los Angeles on October 16 and in Palo Alto on October 17 to study new employment law updates from Asia Pacific.

Baker McKenzie’s employment law attorneys from Australia, China, Hong Kong, the Philippines, Singapore and Taiwan are coming to California to translate the recent trends, make sense of new laws and break down the hot topics facing US multinational employers operating in those countries today. Topics include:

  • Workplace gender equality reporting in Australia
  • The #MeToo movement in China
  • Work hour flexibility in Taiwan
  • Major employment law changes expected in Singapore
  • Contracting in the Philippines
  • Recent bonus/share option avoidance cases in Hong Kong

Click here for more details, including how to register.