An update from our neighbors to the north (with thanks to Chris Burkett, partner in our Toronto office):

In January, the Ontario Court of Appeal (in Canada) overturned the lower court’s decision in Heller v. Uber Technologies Inc., 2019 ONCA 1. The Court of Appeal held that an arbitration clause requiring arbitration in the Netherlands of disputes between drivers and Uber to be invalid and unenforceable. Based on the presumption that Uber drivers are employees of Uber, the Court of Appeal found that the arbitration clause was a prohibited contracting out of Ontario’s Employment Standards Act, 2000 (ESA).
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What are the people implications of Brexit under a no-deal scenario compared to what is likely to happen if a deal can be reached?

Download our full analysis of the implications for employees, including the impact on the right to travel and work across the EU, employment rights and social security.

In summary

  • Little change

The recent attention to the gender pay gap has exposed the extent to which women are underrepresented in senior and highly paid roles, but there is similar cause for concern in many parts of the globe in relation to underrepresentation of certain ethnic groups. While this issue is more complex in many regards, there is

Explosive growth in emerging markets has created a significant demand for companies to move workers around the globe to explore and seize new opportunities. At the same time, there has been an equally significant demand for companies to reduce their mobility costs. As a result, traditional employees are now more likely to be sent on short trips to fill specific business or customer needs, and project-based assignments are often more likely to be filled by a modern workforce that includes a variety of nonemployees.

A large majority of companies have seen an increase in these new types of assignments. Nevertheless, many still do not have formal guidelines for managing frequent crossborder travelers, and they admittedly fall short of properly educating their managers and mobile workers on the potential risks of these arrangements. Consequently, many vulnerabilities and misconceptions persist. Additionally, the growing prevalence of accidental expats has led to heightened scrutiny, incentivizing governments to crack down on business travelers and, with the assistance of technology, to become more adept at catching transgressions.


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If you have employee headcount in Canada, be sure to catch up on the top 10 developments from 2018 . . . 

  1. Legalization of recreational marijuana. Across Canada, the legalization of recreational cannabis has had a significant impact on employers, requiring them to implement changes to their workplace policies and procedures. The legalization of recreational

(Thank you to our Baker McKenzie colleagues in Mexico for sharing this alert.)

As a result of a change in government leadership and recently signed laws and treaties, companies in Mexico now have an important “to do” for 2019: prepare to review any unions that are “on the books” and assess compliance in this new environment.

What are “White Unions”?

  • White Unions in Mexico are usually employer-friendly unions that — due to current legislation deficiencies — can effectively bar entry of other unions who might otherwise attempt to gain a foothold in the workplace. They have little to no actual membership and do not actively represent workers. Historically, any union could petition for unionization without the need to prove the support of workers.

What changed?


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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

With thanks to our colleagues Lois Rodriquez (Baker McKenzie Madrid) and Nadège Dallais (Baker McKenzie Paris):

US companies expanding in Europe for the first time are often surprised to learn of the significant employee protections afforded to European employees (e.g. for example, employment at-will, for the most part, does not translate outside the US). An emerging “right to disconnect” is a new trend US multinationals should watch out for.

Spanish lawmakers recently passed a new act recognizing for the first time ever an employee’s right to digital disconnection. Under this new regulation, all companies with employees in Spain (regardless of headcount) must establish detailed internal policies regulating the right to disconnect after work hours. These policies must apply to all employees, even management and home-based workers.


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Many viewed the highly anticipated coming into force of the European Union’s General Data Protection Regulation (GDPR) on May 25, 2018 as the “finish line” for the marathon efforts towards privacy compliance that took place in the months running up to this date. In reality, however, this date should be treated instead as a “starting

The UK Cabinet and EU leaders have now approved a draft withdrawal agreement setting out the terms of UK withdrawal from the EU. With the agreement still to be approved by the European and UK parliaments, our London Employment & Compensation team recently released a report analyzing the potential people implications of a “deal” verse