Special thanks to Javiera Medina, Liliana Hernández and Ma. Rosario Lombera.

In our latest video chat, our team on the ground in Mexico discusses the practical implications for employers of the new teleworking standard introduced on June 8, 2023 by the Ministry of Labor and Social Welfare. NOM-037 establishes new health and safety-related requirements

Effective June 27, a new federal law strengthens the rights of pregnant workers (and those who are postpartum or have a related medical condition) to reasonable accommodations at work. As discussed here, the Pregnant Worker Fairness Act fills the gap between Title VII (the federal law that outlaws sex discrimination) and the ADA (the federal statute that protects disabled applicants and employees), ensuring that pregnant workers are able to continue in their jobs with reasonable accommodations for physical or mental conditions related to pregnancy and childbirth, so long as the accommodations do not “impose undue hardship on the operation of the business.”

The PWFA does not displace federal, state or local laws that are more protective of workers affected by pregnancy, childbirth or related medical conditions. For instance, since the 1980s, California employees who are pregnant, give birth, or have pregnancy-related medical conditions are guaranteed time off from work while disabled, without having to show that the time off would not impose an “undue hardship”  on the employer’s business.Continue Reading New Pregnant Workers Fairness Act Expands Accommodations Options for Millions of Americans

Employers can be liable for sexual harassment under federal law (Title VII of the 1964 Civil Rights Act) if “sexually explicit” or “aggressive” music is played in the workplace, the Ninth Circuit recently ruled in Sharp v S&S Activewear, L.L.C, 9th Cir. (June 2023).

The Ninth Circuit’s ruling directly applies to employers in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. However, given the federal Equal Employment Opportunity Commission’s amici brief in support of the plaintiffs’ position and the Court’s reliance on opinions from the Second, Fourth, and Sixth Circuits that held that sights and sounds that pervade the work environment may constitute sex discrimination, it is likely other circuits may follow suit.Continue Reading When Harmony Becomes Hostile: The Ninth Circuit Notes that Offensive Music in the Workplace Can Constitute Harassment

With special thanks to our presenters Matías Herrero (Argentina), Leticia Ribeiro (Trench Rossi Watanabe, Sao Paulo*), Andrew Shaw (Canada), Maria Cecilia Reyes (Colombia) and Liliana Hernandez-Salgado (Mexico).

In this session, US-based multinational employers with business operations in the Americas region hear directly from Benjamin Ho and local practitioners on the major developments they need to

This summer the US Supreme Court will rule on the legality of using race as an affirmative action measure in admissions at Harvard and at the University of North Carolina. The legal framework for evaluating affirmative action programs in higher education is definitively different than for inclusion, diversity and equity (ID&E) programs in the employment context. Notwithstanding this distinction, the decision will signal how courts review workplace ID&E practices and policies, and may encourage legal challenges regarding the same.

The timing of this case coincides with a growing trend of state and local legislation seeking to restrict workplace ID&E efforts, increasing claims of reverse discrimination, continued shareholder action in the ID&E space, including some actions challenging the devotion of resources to ID&E as not in the interest of shareholders, and attacks on laws mandating diversity on corporate boards.

Case Background

In 2014, Students for Fair Admissions (a nonprofit group of “students, parents and others who believe that racial classifications and preferences in college admissions are unfair, unnecessary, and unconstitutional”) sued both Harvard and UNC in federal court alleging that race-conscious admissions programs are unlawful. Both universities won at the trial court level. Now, SFFA has asked the Supreme Court to overrule its prior decisions and hold that the consideration of race as part of a holistic college admissions process in order to achieve a diverse student body violates Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment to the US Constitution.Continue Reading How the Supreme Court’s Upcoming Affirmative Action Decision May Impact US Employers

With special thanks to presenters Elif Nur Çakır Vurgun (Türkiye), Johan Botes (South Africa), Joanna Matthews-Taylor (United Arab Emirates), Christiana O’Connell-Schizas (Saudi Arabia) and Ghada El Ehwany (Egypt).

In this session, US-based multinational employers with business operations in the Middle East and Africa region hear directly from Elizabeth Ebersole and local practitioners on the major

With special thanks to Nadege Dallais (France), Emma Glazener (Netherlands), Fermin Guardiola (Spain), Stephen Ratcliffe (United Kingdom), Bernhard Trappehl (Germany) and Lucille Vallet (France).

Last week a group of our favorite European colleagues joined us in the Bay Area for a few special client visits. Even if you weren’t in the room, we’ll share a few key headlines here. (And, here’s link to listen in to our recent webinar: Global Employment Law Fastpass — Spotlight on Europe!)

From practical tips on the best ways to implement employee redundancies to the expected impact of the recently-passed EU Directive on Pay Transparency, here’s five things to know:

1. The EU Whistleblowing Directive (WBD) Requires Private Employers with 50 or More Workers to Establish a Local, Entity Level Reporting Hotline

The WBD was supposed to be implemented by the EU’s 27 member states by December 2021, but we are still waiting for around 8 EU member states to do so. For example, France, Belgium and Austria have transposed the WBD, Germany has not but is close. Spanish companies with at least 250 employees have until June 13, 2023 to comply. (For more, read our alert here.)

While legislation is still awaited in a number of jurisdictions, we are now in a much better position to see the challenges the WBD poses for global employers. . . and there are several.

  • It can be tricky to implement the new requirement for a local channel alongside a centralized group level reporting system (e.g., through a global “hotline”). Under the WBD, employers are not prevented from maintaining and encouraging the use of their central reporting hotline; however, now, entities with more than 50 workers, must establish a local, entity level, channel. This means employers who meet the threshold will need to establish local entity level reporting systems alongside existing global channels.
  • The second key challenge is where companies have multiple entities in one jurisdiction, whether one internal reporting channel can be established at a country level or whether the channel must be established in each entity. The implementing legislation in some countries is unclear on this point but, where the requirement is for entity level channels, this raises challenges for companies which have multiple entities within a jurisdiction but only one HR or Legal function which operates across multiple entities.

Fortunately, we have a multijurisdictional analysis matrix covering five key areas of WBD compliance at a local level available at a fixed fee per jurisdiction so that companies operating in the EU can wrap their arms around this new requirement. The matrix answers questions about the Directive’s scope and implementation requirements for internal procedures, protection of whistleblowers and data privacy issues. Our experienced team of lawyers can then assist with implementing the changes, as well as with training, communications and more.

2. The EU Pay Transparency Directive is Coming and as the Kids Say, It’s Extra

Last month the European Parliament formally adopted the Pay Transparency Directive and its provisions are likely to enter into force in most EU member states in 2026. It’s sort of a big deal, requiring significant attention and touching on many aspects of the employment lifecycle (read our detailed alert here).

A preview: there are pre-employment pay transparency requirements, and broad worker and representative rights to workforce pay information. The impact may be more muted in countries like France where works councils already have access to pay data, though the access will become much more granular under the Directive.Continue Reading A Hop, Skip and a Jump Around Europe | Insights for US Employers Operating Abroad

With special thanks to presenters Michael Michalandos (Australia), Jonathan Isaacs (China), Kenneth Chua (Philippines) and Celeste Ang (Singapore).

Our four-part Global Employment Law Fastpass for US Multinationals 2023 Webinar Series features US moderators welcoming Baker McKenzie colleagues from around the globe as they share the latest labor and employment law updates and trends.

In this

California has required all employers to provide lactation breaks (unless they can show that to do so would “seriously disrupt” their operations) since 2020. The federal government caught up late last year with the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act).

PUMP Act — The Basics

Effective December 29, 2022, the PUMP Act expands workplace protections for employees with a need to express breast milk. The Pump Act amends the Fair Labor Standards Act (FLSA), which required employers to provide lactating non-exempt employees with reasonable break time and a private location to express milk for one year following the birth of a child.

The previous law excluded most salaried employees, and the PUMP Act expands this right to cover all employees whether exempt or non-exempt. Now employers must provide all employees a reasonable break to express milk each time the employee has a need to express milk for one year after the child’s birth.Continue Reading ICYMI: New Federal Obligations for Employers to Provide Breaks for Nursing Mothers and Reasonable Accommodations for Pregnant Women

California legislators met on April 11, 2023 to discuss a proposed overhaul of employment-related criminal background checks. Simply put, if the Fair Chance Act of 2023 (SB 809) is passed into law, California will have the most restrictive criminal background check law in the country, and will significantly limit the way California employers can vet applicants for employment. Under existing state law, California employers may conduct a criminal background check for most positions only after making an initial offer of employment, and they may make adverse employment decisions based on criminal history only after conducting an individualized assessment that considers the nature of the offense and the duties of the job. While these existing restrictions are significant in their own right, the proposed new law will effectively eliminate criminal history consideration in most circumstances, allowing legislators to further reduce barriers to employment for people with criminal histories.

The Fair Chance Act will, among other things, “make it an unlawful employment practice to take adverse action against an employee or discriminate against an employee in the terms, conditions, or privileges of their employment based on their arrest or conviction history.” SB 809. In essence, the proposed law will all but ban employment-related criminal background checks, except for positions for which such checks are authorized or required by statute. And in the limited circumstances where criminal history checks are permitted, the Fair Chance Act will require employers to post a clear and conspicuous notice informing applicants and employees of their rights. The new law also will impose on employers additional document and data retention obligations for completed background checks.Continue Reading California Seeks to Ban Most Criminal Background Checks