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On Tuesday, June 27, US antitrust agencies announced proposed changes to the premerger notification form and associated instructions and rules that implement the Hart-Scott-Rodino Act. Among other things, the proposed amendments require a labor market analysis including workforce categories, geographic information, and details on labor and workplace safety violations.

The proposed amendments are intended to enable the federal agencies to better analyze the impact of a proposed merger on labor markets, and companies’ treatment of their employees. Should these changes be implemented, deals could face months of delay.

The agencies will take public comments on the proposed changes for 60 days. The new rules won’t go into effect until after the FTC and DOJ publish a final version, which is expected to take several months to complete.

For more details, please see the alert from our antitrust colleagues here.

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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, requires new written policies, includes guidelines on ergonomic and psychosocial factors, as well as other risks that could cause adverse effects to teleworkers.

Click here to watch the video.

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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
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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
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We are pleased to share with you The Global Employer – Global Immigration & Mobility Quarterly Update, a collection of immigration and mobility alerts from around the world.

Please click here to view.

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Special thanks to co-authors Cynthia Cole, Heiko Burow, Inez Asante and Alysha Preston.

In June, New York Senate Bill S5640 unanimously passed both houses of the NY legislature. It seeks to enact restrictions on invention assignment agreements used in the employment. S5640 now moves to the desk of Governor Kathy Hochul and if signed into law, it will amend the New York Labor Law effective immediately.

Continue Reading Creating IP in New York? Watch out! Your employee may soon own more than you think
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With thanks to Mirjam de Blécourt and Danielle Pinedo for this update.

On June 12, after lengthy negotiations, the EU Council agreed on the proposal for a directive that aims to better protect platform workers. This opens the door to negotiations between the Council and the European Parliament on the final directive.

The directive aims to ensure that platform workers have or can obtain the appropriate employment status through the introduction of a legal presumption. In addition, the directive provides for rules regarding the transparency of the use of algorithms within the platform economy.

Continue Reading The European Council Takes on Misclassification of Platform Workers
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With special thanks to co-presenters Pamela Mafuz and Tony Haque.

In our latest Global Immigration and Mobility Video chat, our on-the-ground immigration and mobility attorneys explore the impact of geopolitical changes to immigration and mobility of employees in the EMEA region. 

Click here to watch the video.

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Baker McKenzie’s annual Global Equity Academy is designed to provide stock administration, HR, legal, employment and tax professionals with a comprehensive training on the basics of global employee share plan offerings.

Our virtual series spans four 60-minute webinars, each followed by an optional 30-minute “study hall” for participants to ask additional questions of our presenters and discuss learnings with their peers.

  • Attendees who attend all four webinars will receive a certificate of completion certifying their proficiency with respect to global equity issues.
  • All attendees will be provided with course materials which include invaluable Baker McKenzie precedents.

Click the individual buttons below to register for the sessions you would like to attend.

Session 1: Introduction to Global Share Plans: International Plan and Grant /
Offer Materials
Thursday, July 13, 2023 
9:00 – 10:30 am PT
11:00  am – 12:30 pm CT
12:00 – 1:30 pm ET
Click here to register.

Session 2: Maintaining Global Employee Share Plans / Regulatory Considerations
Tuesday, July 18, 2023
9:00 – 10:30 am PT
11:00  am – 12:30 pm CT
12:00 – 1:30 pm ET
Click here to register.

Session 3: Offering Global Employee Stock Purchase Plans
Tuesday, July 25, 2023
9:00 – 10:30 am PT
11:00  am – 12:30 pm CT
12:00 – 1:30 pm ET
Click here to register.

Session 4: Equity and the Mobile Workforce   
Tuesday, August 1, 2023
9:00 – 10:30 am PT
11:00  am – 12:30 pm CT
12:00 – 1:30 pm ET
Click here to register.

CLE, CPE and CEP accreditation pending.

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The month of July will bring forth two notable changes to immigration compliance requirements: (i) Florida will require that all private employers with at least 25 employees use E-Verify as of July 1; and (ii) the United States Citizenship and Immigration Services (“USCIS”) will end temporary flexibilities on July 31 that permitted certain employers to complete the Form I-9 remotely without inspection of the original documents. Employers–throughout the United States–must be aware of how mandatory E-Verify will or could impact their company and how the end of remote I-9 completion will impact its remote workforce.

Mandatory E-Verify in Florida

Governor Ron DeSantis signed SB 1718 into law on May 10, with an effective date of July 1, 2023. The law expands mandatory use of E-Verify to all private employers with 25 or more employees. SB 1718  expands existing State law which requires the use of E-Verify by public employers, private employers which contract with public employers, and private employers which receive state incentives.  The new law aligns Florida with other states with mandatory E-Verify requirements, including Utah, Arizona, Tennessee, Mississippi, Alabama, South Carolina, and North Carolina.

What is E-Verify?

E-Verify is an internet-based system that compares information entered by an employer from an employee’s Form I-9, Employment Eligibility Verification, against records available to the US Department of Homeland Security and the Social Security Administration to confirm employment eligibility. The program is additive to and does not replace the I-9 requirement. E-Verify is a meaningful tool that helps employers verify the work authorization of their workforce; it can also serve as evidence of good faith during government investigations relating to I-9 practices. However, employers must meet compliance requirements when using E-Verify, and noncompliance can result in fines and other civil penalties.

Requirements for private employers

The Florida law will require that all private employers with 25 or more employees register for E-Verify and utilize it for new employees hired on or after July 1, 2023. Each employer subject to the new law will be required to retain copies of the E-Verify documentation for at least three years, and will be required to verify compliance on its first return when making contributions to or reimbursing the state’s unemployment compensation or reemployment assistance program. Notably, employers who use E-Verify–whether required or not–will create a rebuttable presumption that they have not knowingly employed an unauthorized worker.

Continue Reading Mandatory E-Verify in Florida and the End of I-9 Flexibility for Remote Workers: Major Changes to Immigration Compliance Landscape on the Horizon