New York City employers are one step closer to learning the effective date of New York City’s pay transparency law (Local Law 32 for 2022, the “Salary Disclosure Law”). As we blogged about here, the Salary Disclosure Law will have its original May 15, 2022 effective date postponed to November 1, 2022 if New York City Mayor Eric Adams signs a bill amending the law. Now, the mayor has scheduled a hearing on the amendments for May 12, 2022, according to the New York City Council’s legislative site. Stay tuned for further developments on the Salary Disclosure Law, and contact your Baker McKenzie employment attorney for help with your employment needs.
A Juneteenth Musical Journey – Virtual Event Invitation (June 8)
Many thanks to Marredia Crawford (Director, Inclusion & Diversity, Americas) for sharing this invitation.
Please join us on Wednesday, June 8, 2022 as we host a virtual program to commemorate Juneteenth. We are delighted to welcome Dr. Fredera Hadley, a historian and Professor of Ethnomusicology at the Julliard School for this exciting program.
Dr. Hadley will lead us on an impactful journey, discussing the history of Juneteenth and the impact of African American culture on multiple genres of music. Participants will share in the music, culture and a specially curated musical playlist developed by Dr. Hadley for Juneteenth.
Juneteenth is the oldest nationally celebrated commemoration of the ending of slavery in the United States. Dating back to 1865, it was on June 19th that the Union soldiers landed at Galveston, Texas with news that the war had ended and the enslaved were now free.
Welcome and introduction by Colin Murray, Baker’s North America Chief Executive Officer.
Date:
Wednesday, June 8, 2022
Time:
1 pm – 2 pm ET
12 pm – 1 pm CT
10 am – 11 am PT
Click here to register now.
Speaker
Fredara Mareva Hadley, Ph.D. is an ethnomusicology professor in the Music History Department at The Juilliard School where she teaches courses on ethnomusicology and African American Music. Dr. Hadley has presented her research at universities and conferences both domestic and abroad and has been published in academic journals and other publications. Her commentary is featured in several documentaries including the recently released PBS doc-series, The Black Church.
Dr. Hadley’s current book projects include her forthcoming book, that centers the musical ecosystems of Historically Black Colleges and Universities and their impact on Black and American music. Her other book project is an edited volume about Aretha Franklin for Cambridge University Press.
Moderator
Taryn Brown is an Associate in the Firm’s North America Corporate & Securities Practice Group in our Washington, DC office. Taryn has extensive experience in transactional, corporate governance, financial restructuring, and securities law matters. She advices and counsels clients on a wide variety of legal matters. Taryn focuses her practice on advising on mergers and acquisitions transactions, including leveraged buy-outs, dispositions, carve-outs and asset manager transactions. She also advises public and private clients in a wide variety of corporate matters, including public and private offerings of debt and equity securities, securities law compliance and disclosure issues, financial restructurings, corporate governance matters and the negotiation of commercial contracts.
Navigating the New Rules Regarding Company Profit Sharing Payments In Mexico (Video Chat)
With special thanks to our colleagues in Mexico: Javiera Medina-Reza, Liliana Hernandez-Salgado and Salvador Pasquel-Villegas.
In May, employers in Mexico will encounter new rules regarding compulsory company profit sharing entitlements for employees. This labor reform requires the immediate attention of companies doing business in Mexico.
In this video, Baker McKenzie’s Labor and Employment partners share important insights on the new regulations, including:
- How to calculate profit sharing amounts
- Understanding maximum allotments
- Applicable payment timelines
- Possible consequences for companies failing to comply
Click here to watch the video.
PTU 2022: A Deep Dive into Your Top Questions on Compulsory Company Profit Sharing Entitlements for Employees
With special thanks to our colleagues in Mexico: Liliana Hernandez-Salgado, Alfonso Garcia-Lozano and Daniel Urdiain-Dector.
As of May, employers in Mexico are subject to new rules governing compulsory company profit sharing entitlements for employees. This comes as a result of the labor reform of 2021.
In this video, Baker McKenzie’s Labor & Employment lawyers address some of the most common questions on this topic, including:
- The impact of the new 3-month cap, company mergers and employer substitutions in 2021
- Mitigating the impact of high PTU payments
- Navigating payment calculations for employees with variable compensation and employees with less than 3 years of seniority
And more!
Click here to watch the video.
New York City’s Pay Transparency Law May Be Postponed to November 1, 2022
New York City’s salary transparency law (Local Law 32 for 2022, the “Salary Disclosure Law,” which we previously blogged about here and here)–originally set to take effect on May 15, 2022–could now take effect November 1, 2022 if a new bill is signed into law by New York City Mayor Eric Adams. On April 28, 2022, the New York City Council voted to approve a bill amending the Salary Disclosure Law by:
- Clarifying that the law applies to employees who are paid hourly or through an annual salary;
- Emphasizing that the law does not apply to positions that cannot or will not be performed in New York City;
- Limiting lawsuits based on the law to lawsuits brought by individuals who are current employees bringing an action against their employer for advertising a job, promotion or transfer without posting a minimum and maximum hourly wage or annual salary;
- Stating there is no monetary penalty for the first violation of the law, and that employers will have 30 days to correct the violation; and
- Changing the effective date of the law to November 1, 2022.
Businesses have rallied against the law on several fronts, including lobbying for a restriction on the companies subject to the law, for general “help wanted” notices that an employer is hiring without reference to any particular position to be excluded from the law’s requirements, and seeking full exemptions for companies with fewer than 15 employees. However, none of these were included in the version of the amendment passed on April 28. Stay tuned for any updates on the Salary Disclosure Law, and contact your Baker McKenzie employment attorney for all of your employment needs.
Washington State Takes Aim At Workplace NDAs Under Its Silenced No More Act
On March 24, 2022, Governor Jay Inslee signed into law Engrossed Substitute House Bill 1795, also known as the Silenced No More Act, which expands worker protection in Washington State. More specifically, it prohibits employers from requiring or requesting that workers sign agreements containing nondisclosure or non-disparagement provisions restricting their right to discuss factual information regarding illegal discrimination, harassment, sexual assault, retaliation, wage and hour violations, or any other conduct “that is recognized as against a clear mandate of public policy.” Washington State’s Silenced No More Act will go into effect on June 9, 2022.
While other states such as California, New York, and Illinois have enacted similar NDA-narrowing laws covering different forms of employment discrimination, Washington’s new law is arguably the most restrictive. For instance, New York, California, and Illinois prohibit nondisclosure provisions related to unlawful discrimination in settlement agreements unless an employee wants such confidentiality. Washington State, however, takes it a step further by barring confidentiality clauses even if requested by the employee (as defined by the Act). As another example, New York law still permits nondisclosure clauses in pre-employment and severance agreements, but Washington’s law applies broadly to any agreement between the employer and “employee” as defined in the Act, including independent contractors not typically protected by EEO laws.
While Washington is the most recent state to pass a law on this subject, it may not be the last. The movement to prohibit secrecy covenants is gaining traction as workers’ advocates push for legislation at both the state and federal level banning the use of such covenants.
Prohibited Agreements
The newly-added section to Chapter 49.44 of the Revised Code of Washington provides that “a provision in an agreement between an employer and employee not to disclose or discuss conduct, or the existence of a settlement involving conduct, that the employee reasonably believed to be illegal discrimination, illegal harassment, illegal retaliation, a wage and hour violation, sexual assault, or against a clear mandate of public policy is void and unenforceable.” The Act broadly defines “employee” to include current, former, and prospective employees, as well as independent contractors; and encompasses all work-related conduct, whether occurring in the workplace or off-site.
Continue Reading Washington State Takes Aim At Workplace NDAs Under Its Silenced No More Act
Let’s Map It Out! Our Local Experts Provide Direction for Navigating Key Global Employment Laws and Trends All Over the World (Webinar Series)
Join us for a four-part webinar series as our US moderators welcome colleagues from around the globe to share the latest labor and employment law updates and trends. US-based multinational employers with business operations in Europe, the Americas, the Middle East and Africa, and Asia Pacific regions will hear directly from local practitioners on the major developments they need to know, and come away with practical tips and takeaways to implement.
In each 60-minute discussion, we will explore:
- The impact of the current social and political climate on multinational employers
- New significant legislative developments
- Inclusion and diversity (I&D) advancements and trends
- Best practices for a flexible workforce, addressing remote and hybrid work
We look forward to welcoming you at the sessions relevant to your business — no passport necessary!
To view the complete roster of presenters for each regional program, click here.
EUROPE
France, Germany, the Netherlands, Spain and the UK
Wednesday, June 1, 2022
9 am PT/ 12 pm ET
Click here to register.
THE AMERICAS
Argentina, Brazil, Canada, Colombia and Mexico
Wednesday, June 8, 2022
9 am PT/ 12 pm ET
Click here to register.
THE MIDDLE EAST AND AFRICA
Saudi Arabia, South Africa, Turkey and the UAE
Wednesday, June 15, 2022
9 am PT/ 12 pm ET
Click here to register.
ASIA PACIFIC
Australia, China, Japan, the Philippines and Singapore
Wednesday, June 22, 2022
3 pm PT/ 6 pm ET
Click here to register.
To view these programs in a different time zone, click here.
Please “register” for a copy of the recording and materials if you are unable to attend live.
CLE Accreditation
Each program is approved for 1.0 general California CLE credit, 1.0 general Illinois CLE credit, 1.0 areas of professional practice New York CLE credit, and 1.0 general Texas CLE credit. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York. This program is appropriate for both experienced and newly admitted New York attorneys. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.
Each 1-hour activity can be applied towards the 9 Substantive Hours of Continuing Professional Development (CPD) required by the Law Society of Ontario.
**While CLE credit may be pre-approved in certain jurisdictions, final CLE accreditation approval is anticipated, but not guaranteed.
Building a Campaign to Improve Inclusion & Diversity in Your Organization (Webinar)
Many thanks to our colleagues in London, Yindi Gesinde, moderator, and Monica Kurnatowska, for co-presenting.
Moving the Dial on Inclusion & Diversity in Your Organization
Creating a diverse and inclusive workforce remains a business imperative for global employers. Despite stakeholder and social pressure to accelerate progress, many companies have been unable to move the dial towards greater equality and diverse representation in the workplace. Stubborn I&D challenges are showing no sign of disappearing of their own accord.
A campaign to improve diversity must be fought on many fronts. Join our panel of Inclusion & Diversity experts on May 11th as they discuss the findings of our recent Mind the Gap Survey and the steps diversity and HR leaders are taking to accelerate I&D progress and the challenges they are encountering.
Guest Speaker: Dr. Stefanie Johnson
Best-selling author Dr. Stefanie Johnson studies the intersection of leadership and diversity, focusing on (1) how unconscious bias affects the evaluation of leaders and (2) strategies that leaders can use to mitigate bias. Dr. Johnson works with the best companies in the world to create more inclusive leaders, including presenting her work at the White House for a summit on diversity in corporate America on National Equal Pay Day.
Her latest Wall Street Journal best-selling book, Inclusify: Harnessing the Power of Uniqueness and Belonging to Build Innovative Teams, shares the surprising ways the leaders undermine inclusion and provides actionable ways that leaders can pivot to build more inclusive teams.
Wednesday, May 11 | 90 minutes
8:00 am PST (Los Angeles) / 10:00 am CST (Chicago) /
4:00 pm GMT (London) / 5:00 pm CET (Frankfurt)
Click here to register.
Continuing Education Credit | Approved for 1.5 elimination of bias California CLE credit, 1.5 diversity and inclusion Illinois CLE credit, 1.5 areas of diversity, inclusion and elimination of bias New York CLE credit. Pending approval for 1.5 ethics Texas CLE credit. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York. This program is appropriate for experienced New York attorneys only. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.
This 1 hour and 30-minute program has been applied for EDI credit under the Law Society of Ontario. Approval pending.
**While CLE credit may be pre-approved in certain jurisdictions, final CLE accreditation approval is anticipated, but not guaranteed.
How Employers Can Keep ‘Me Too’ Evidence From the Jury
We are pleased to share a recent Bloomberg Law article, “How Employers Can Keep ‘Me Too’ Evidence From the Jury,” which provides guidance for employers to keep “me too” evidence—not to be confused with the #MeToo movement—out of trial. This evidence, which is from parties not involved in the litigation, can taint the jury and must be vigorously dealt with before trial, they say.
Click here to view the article.
Originally published in Bloomberg Law.
Now Available Online – The Global Employer: Focus on Global Immigration and Mobility
The latest version of our signature handbook, The Global Employer: Focus on Global Immigration and Mobility, is now available in an easy-to-search e-version.
Bookmark our site today to review the large scale global immigration, employment, compensation and tax issues related to the movement of employees across 40 jurisdictions* directly from your desktop.
Click here to access now.
For support accessing the new site, questions, or to request bulk access for additional colleagues, contact us.
*Jurisdiction chapters available for Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, China, Colombia, Czech Republic, France, Germany, Hong Kong, Hungary, India, Republic of Indonesia, Israel, Italy, Japan, Kazakhstan, Luxembourg, Malaysia, Mexico, Myanmar, The Netherlands, Peru, Philippines, Poland, Russia, Singapore, Spain, Sweden, Switzerland, Taiwan, Turkey, Ukraine, United Kingdom, United States, Venezuela and Vietnam.
Global Employment & Compensation Resource Suite
Looking for additional resources to ensure your HR and legal counsel remain up-to-date on the latest employment law regulations globally?
Access our Global Employment & Compensation Practice Group’s full digital library of legal content on-demand.
The Global Employment & Compensation Resource Suite is a self-service database that provides our clients with 24/7 access to our global employment resources. Once registered, users can browse our range of Global Employer Handbooks, 30+ Jurisdictional Guides, Blogs and Media, and Legal Updates.
Click here to request access.
Minimizing Bias Between Workers As Offices Reopen
Employers across the U.S. are requiring employees to return to the brick and-mortar workplace as COVID-19 cases drop, and they are looking forward to having employees work together again face to face.
But employers beware: employees have had little in-person interaction with their colleagues over the past two years, and some employees who were onboarded during the pandemic have only met their coworkers virtually.
Employees returning in-person may be rusty when it comes to interacting with others in the same physical space, increasing the risk that lines will be crossed into inappropriate or unlawful behavior.
What should employers do as employees return to the office to try to keep claims of discrimination and harassment to a minimum?
Click here to continue reading this Article.
Original article published in Law360.