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.

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.

We put our heads together to come up with some predictions for 2018.

Read the Horizon Scanner for more details but, in a nutshell, we predict:

  1. Multiplying statutory obligations aimed at closing the gender pay gap
  2. A push to become data-privacy compliant before GDPR is effective May 25, 2018
  3. Growing paid leave benefits for families around the globe
  4. A renewed focus to protect company assets globally
  5. Consistent deal growth with a particular bent towards “insourcing” arrangements

Click HERE to get the full picture!

Our Baker McKenzie colleagues in our London office just shared their January 2018 Employment Law Update. Find it HERE.

Highlights include:

  • Increases to statutory payments for time off work
  • Tribunal claims: volume of claims increasing following abolition of tribunal fees
  • Brexit: proposed technical changes to employment laws published
  • Gender pay gap reporting: pressure on employers increases as government indicates that it will publish details of employers who have not yet registered on the government website

For more information, please contact your Baker McKenzie lawyer.

You’re invited to our live Annual California Employer Update on December 14 in Millbrae, California to discuss the adventures ahead for California employers.

Join us as we sit around the proverbial campfire to discuss the most significant legal developments in 2017 and how to prepare for 2018.

Covered topics will include:

  • New wage and hour updates
  • California’s new salary history ban and what it means for recruiting
  • New transgender protections and guidelines for preventing workplace harassment
  • California’s new statewide ban-the-box law
  • Immigration changes affecting California employers
  • And much more!

We will also share a few international trends, such as:

  • The spread of global gender pay gap reporting regulations
  • New data privacy regulations in the EU effective in 2018
  • Pitfalls to avoid in outsourcing projects
  • What to know about protecting company trade secrets globally

See the invite and RSVP HERE!

On October 12, 2017, California Governor Jerry Brown signed a landmark new law barring California employers — and their agents — from inquiring about applicants’ previous salaries and benefits.

The law goes into effect on Jan. 1, 2018.

Here are 3 steps to take now to prepare:

  1. Remove all salary questions from hiring forms (including job applications, candidate questionnaires and background check forms)
  2. Update interviewing and negotiating policies and procedures
  3. Train recruiting, hiring managers and interviewers on the new law to include instructions regarding the importance of ensuring that candidates are not pressured (even indirectly) to disclose salary history and how to respond to requests for pay scale information

Read more here and reach out to your Baker McKenzie lawyer for more details.

The TLDR on the new UK pay gap reporting regs:

New Requirements

  • From April 2017, employers with at least 250 employees (which may include some contractors) in the UK will need to publish details of their gender pay gap on an annual basis.
  • The gender pay gap reflects the difference between what women are paid, on average, compared to what men are paid, looking across the company as a whole.
  • Employers must publish six different metrics, including the differences in hourly pay and bonuses between men and women and the proportion of women in each pay quartile.
  • The information will be publicly available and is likely to be considered by employees, potential job applicants, the media and in some cases by clients / customers.
  • Employers will have until April 4, 2018 to publish their first set of data, but it must be based on a “snapshot” of pay data as at April 5, 2017.

New Challenges

  • CALCULATION – The rules are complex and not always clear. Being compliant may require employers to make judgment calls on tricky issues such as whether particular payments or employees are in scope. Employers need to find practical solutions but also want to ensure their calculation approach and their pay gap figures are in line with their peers.
  • PRESENTATION – The government is encouraging employers to explain the causes of their gender pay gap and what they are doing about it. Employers will need to consider carefully what to include in this narrative to best manage multiple stakeholders.
  • CLOSING THE GAP – The Regulations shine a light on the challenges for employers seeking to close the gender pay gap. Considering existing diversity and inclusion initiatives, and considering how to achieve further progress, is a good first step.
  • CLAIMS & AUDITS – The new requirements may prompt more equal pay claims, either because employees misinterpret the figures or because they expose areas of potential discrimination. Some employers are therefore taking a more in-depth look at the discrimination and equal pay risks within their business.

Multinationals Take Note!

  • Outside of the US, legislation either mandating or encouraging gender pay gap reporting is on an uptick (see e.g. Germany and Switzerland)
  • Unfortunately, a one-size-fits-all approach is not a solution. The legal requirements, types of data involved and comparator groups all vary by jurisdiction which means you may end up with very favorable numbers in one country, and something substantially different in another.

Contact your Baker McKenzie lawyer to prepare an action plan to address key potential risks and meet your compliance obligations globally.