Multinational Employers

We are pleased to share a recent World Economic Forum article, “Work can be better post-COVID-19. Here’s what employers need to know,” authored by Stephen Ratcliffe and Julia Wilson that discusses the following:

  • The return to the workplace
  • Hybrid working as the new norm
  • Fostering inclusion, diversity and equity (IDE)

Click here to continue reading

On August 5th, Legal500 and Baker McKenzie held an employment law roundtable discussing best practices for LATAM employers navigating the new normal. Tatiana Garcés (Colombia), Javiera Medina (Mexico) and Leticia Ribeiro (Trench Rossi Watanabe in Brazil) were joined by general counsels Gabriela Rodríguez (Stryker) and Catalina Robledo (Nissan).

Together, the panel shared insights around remote

Pressure is mounting on U.S. and multinational employers to require COVID-19 vaccines for employees, as the Delta variant spreads voraciously, spiking infections and hospitalizations across the country and forcing employers to once again shutter worksites or change their workplace safety protocols. But can (and should) employers mandate vaccination?

Vaccine mandates received strong support on Thursday, July 29 when President Biden announced that all civilian federal employees and onsite contractors either must be vaccinated or submit to regular testing, social distancing, mask requirements, and restrictions on travel. The same day, the U.S. Treasury Department released a policy statement directing state and local governments to use funds from the $350 billion American Rescue Plan to incentivize vaccines by offering $100 to individuals who get vaccinated.

Separately, more than 600 universities have announced mandates for students or employees. And state and local governments have joined in, with California and New York City announcing mandates this week for government employees and certain healthcare workers, and the federal Department of Veterans Affairs announcing that frontline VA health care employees must get vaccinated or face termination.

Large employers are joining the fray, with global technology companies, financial institutions, healthcare systems, retailers, transportation companies and media companies recently announcing that vaccination will be required for everyone in their workplaces.

So can private employers adopt mandatory vaccination policies? What follows is a framework for understanding whether such an approach is permissible both in and outside the US, as well as some of the key considerations for such policies.

Bottom line: in the US, private employers can legally mandate vaccines under federal law, subject to the legal considerations outlined below. State law, however, differs by jurisdiction, with some states authorizing vaccine mandates while at least one has banned them.  For illustrative purposes, we discuss California law in the framework below.


Continue Reading Mandating COVID-19 Vaccination? Before You Act, Consider These Key Issues For US and Multinational Employers

Our four-part Global Guided Tour webinar series is your passport to ensure that your organization is up to speed on the key labor and employment issues affecting business operations in Europe, the Americas, Asia Pacific, and the Middle East and Africa.

In each regional 60-minute webinar recording, our in-market presenters discuss the most recent political

Join us for an educational trip around the globe without leaving the comfort of your home office. We know that the pandemic has posed unprecedented challenges for US multinational employers. In addition to keeping your employees safe and maintaining business continuity, it is difficult to keep track of the rapidly changing legal environment for employers

Companies are facing critical business challenges in regard to their most important asset – their people. While workforce transformation is not a new concept for global organizations, the pandemic has forced us to rapidly adapt our standard ways of working and how we engage with employees to ensure the long-term viability of the business. We

We identified and mapped out our most relevant blog posts, articles and video chats to serve as a quick and handy roadmap to recovery and renewal for your company.

Our 2021 Employment & Compensation Resource Navigator provides US multinational companies organized links to Baker McKenzie’s most helpful, relevant thought leadership in one brief document. Arranged

What has changed

On December 10, 2019, the United States, Canada and Mexico reached an agreement on a revised United States-Mexico-Canada Agreement (“USMCA”), which establishes a rapid response labor mechanism (“RRLM”) for dispute resolution for alleged violations of the right of freedom of association and the right to collective bargaining in these countries. The mechanism allows the US and Canadian governments to make claims against facilities in Mexico for potential violations of these rights, to the extent that the rights are established by Mexican law. The Mexican government may also file a claim for potential violations to these labor rights in the US or Canada, but only if the facility involved is under an enforced order of the National Labor Relations Board or the Canada Industrial Relations Board, respectively. This mechanism cannot be invoked for disputes of this nature between the US and Canada.


Continue Reading USMCA Labor Provisions Have Potential Commercial Impact

In part one of this article, we discussed when and how multinational companies can use a noncompetition agreement on their highly skilled employees to protect their confidential information and other intellectual property. In particular, we described five key factors to consider before rolling out noncompete covenants around the world.

In part two, we analyze how

(With thanks to Michael Michalandos and our Asia Pacific Employment and Compensation team for this post.)

The recent outbreak of COVID-19 (the Coronavirus) raises challenging issues for employers, particularly those that operate in multiple locations, provide a variety of services, and employ a global workforce which travels routinely. Now is the time for employers to