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Listen to our discussion on what employers can do to keep a calm, cooperative workplace even with the stress of the current political climate. This quick chat takes into account recent political tensions that have been roiling for some time now and hit an all-time high last week when armed rioters stormed the Capitol Building in Washington, D.C., layering in fiercely different perspectives on the pandemic and the Black Lives Matter movement.

To learn more click here to access the video.

 

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Discussion on how employers should notify employees, health departments and others about COVID-19 cases in the workplace. This quick chat covers who must be notified, when and how notice must be provided, medical confidentiality, and other important considerations.

To learn more click here to access the video.

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Special thanks to Liliana Hernandez-Salgado for this update.

Mexico has new teleworking regulations that were published today and will come into effect tomorrow.

The main actions that employers should implement under these new regulations are:

  • Update individual employment agreements for new employees who will be working remotely.
  • Draft agreements to include teleworking obligations for existing employees who are or will be working remotely.
  • Update collective bargaining agreements or internal labor regulations.
  • Determine the payment that will be made to employees for internet and electricity expenses and analyze the impact of such payment from a social security, tax and labor standpoint.
  • Keep record of the work tools (computers, ergonomic chairs, printers, etc.) and training provided to employees.

The Labor Ministry will have eighteen months to issue a Mexican Official Standard for the health and safety measures that should be implemented under this type of work.

We are happy to assist with the implementation steps to comply with these new regulations. For more information, please read here.

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Businesses engaging independent contractors have new guidance from the Department of Labor (DOL) for determining whether an individual is an employee or independent contractor, but the guidance may never take effect. On January 6, 2021, the DOL issued a final rule for determining whether an individual is an employee or independent contractor. The rule focuses on whether workers are economically dependent on another business–making them more likely to be an employee of that business, and entitled to the minimum wage and overtime under the Fair Labor Standards Act (FLSA)–or are economically dependent upon themselves, making them true independent contractors.

Continue Reading DOL Announces Final Rule for FLSA Worker Classification Focused on Economic Dependence-But Its Future is Uncertain

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While most employers transitioned large segments of their workforces to remote work over the course of the past year, many also questioned how to satisfy various posting requirements when their workforce is at home. Fortunately, in late December, the Department of Labor (DOL) issued guidance on how employers can use virtual means to distribute and maintain the various posters required by federal employment laws.

Background

By way of reminder, several federal laws, including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), the Employee Polygraph Protection Act (EPPA), and the Service Contract Act (SCA) require employers to post a notice of rights in a conspicuous location. Typically — and pre-pandemic — employers met the notice requirements by placing posters on bulletin boards in well-trafficked locations such as break rooms or lobbies. But with the increase in remote work, many employers used company email and intranets as a workaround to notify employees of their rights. Now, employers have guidance to ensure their practices are compliant.

Continue Reading DOL Guidance on Electronic Posting of Federally-Required Notices

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We are exited to invite you to our  two-part Annual Illinois Employer Update on February 2, 2021 from 1:00 – 2:15 pm CST and February 4, 2021 from 3:00 – 4:15 pm CST.

In two 75-minute virtual sessions, we will forecast what is likely to have the most significant impact on Illinois employers in 2021, provide a review of recent developments from 2020 that employers should be aware of, and offer practical tips and checklists for navigating the new normal.

Our February 2 webinar will focus on Labor & Employment developments in the following areas:

  • COVID-19 and its continued impact on the workforce, including insight on vaccinations, and permanent work from home arrangements
  • Changes to expect under a Biden Administration for labor and employment
  • Inclusion and diversity considerations for 2021, including pay equity issues, diversity training, collecting demographic data, and considerations on publishing diversity metrics
  • Recent Illinois laws you’ll want to keep top-of-mind as you head into 2021

Our February 4 webinar will cover developments in both Compensation & Benefits and Global Immigration & Mobility. Among other topics, you will hear about:

  • Pandemic-related updates, including specific pandemic-related travel updates and the impact of the pandemic on compensation and benefits
  • Key changes we expect under a Biden Administration, including an expansion of H1B visas and predicted changes to the compensation and benefits landscape
  • New post-Brexit UK immigration rules effective January 2021
  • Key developments impacting global equity plans

Click here to view the webinar invitation and register. We look forward to your participation!

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We are excited to invite you to our New York Employer Update on January 21, 2021 from 12:00 – 1:00 pm ET.

2020 posed unprecedented challenges for New York employers. We know that in addition to keeping your employees safe and maintaining business continuity, it has been difficult to keep track of the rapidly changing employment law landscape in New York and beyond.

We will review the top developments that impacted New York employers in 2020 and a forecast for 2021. We will provide practical tips for navigating the new normal and checklists to keep you on track. Among other topics, you will hear about:

  • COVID-19 and its continued impact on the workforce, including insight on vaccinations and permanent work from home arrangements
  • Inclusion and diversity considerations for 2021, including pay equity issues, diversity training, collecting demographic data, considerations on publishing diversity metrics, and an in-house counsel’s view of I&D
  • What to expect under a Biden Administration, including predicted changes to the employment and labor landscape; and
  • Recent New York laws you’ll want to keep top-of-mind as you head into 2021

Click here to view the webinar invitation and register. We look forward to your participation!

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We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.

Please see HERE. This is updated weekly.

For your convenience, here is a summary of the major updates from around the country:

    • The following jurisdictions extended their state-wide orders and/or the duration of the current phase of their reopening plans: Colorado, Georgia, Idaho, Indiana, New York and Washington.
    • Pennsylvania’s limited stay-at-home advisories expired January 4, 2021, and the mitigation orders that were in place as of December 11, 2020 are now back in effect.
    • Governor Cuomo in New York modified the state’s quarantine period for consistency with CDC guidelines, meaning the quarantine period for incoming travelers is now 10 days, instead of 14 days.

For more information, please contact your Baker McKenzie attorney.

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Four and a half years after the UK voted to leave the EU, a deal between the UK and EU was finally reached. The expiry of the transition period on December 31, 2020 marks the start of a new relationship between the UK and the EU.

We have identified the key areas that will be impacted by the Brexit Deal and outlined recommendations of what to consider for each of these areas in the Brexit Deal Checklist. 

The global nature of our Firm and the clients we represent means that we have a number of experts who can provide advice that is tailored to your organization and the challenges that you face. If you would like help navigating the complicated, evolving landscape, please contact a member of our dedicated team of specialists or your usual Baker McKenzie contact.

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On December 22, a California federal judge issued a nationwide preliminary injunction blocking President Donald Trump’s Executive Order on Combating Race and Sex Stereotyping (“Executive Order”).  The controversial Executive Order restricted diversity training for federal contractors by prohibiting contractors from providing training covering “divisive topics.” U.S. District Court Judge Beth Labson Freeman’s preliminary injunction takes effect immediately, remains in place until further order of the court, and prohibits the federal government from implementing or enforcing key provisions of the Executive Order.

Continue Reading Trump’s Executive Order Limiting Diversity Training Put On Ice For The Holidays