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In the wake of the #metoo movement, several lawmakers proposed legislation to ban confidentiality provisions in workplace sexual harassment settlements.

Critics of confidentiality agreements say that they enable serial abusers and silence victims. But, some advocates question whether a ban could actually harm individuals. For instance, some victims may actually prefer confidentiality and the prospect of publicity may discourage them from coming forward. Further, the promise of confidentiality may lead to larger (and earlier) monetary settlements for victims.

Continue Reading #MeToo Breaks Silence, Legislators Follow: Confidentiality Provisions

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The use of mandatory employment arbitration agreements has long been the subject of debate, but the controversy has intensified since the inception of the #MeToo movement. Some legislators believe that mandatory arbitration of sexual harassment claims silences harassment victims and perpetuates harassment.

Continue Reading #MeToo Breaks Silence, Legislators Follow: Arbitration Agreements

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With the current focus on US multinational operations around the world and the pressure to meet globally acceptable and locally effective compliance, companies regularly turn to global employment policies as a tool to manage their local employment-related risks. Often the desire is to house these policies in a single “global” employment handbook. As efficient as it may seem to have a single employment handbook, a truly one-size-fits-all single, global handbook most often is not a realistic option. This paper discusses the potential problem with a single “global” handbook and outlines three approaches to get US multinationals to the same result while fully complying with local laws.

Click here to read the entire article, originally published in Bloomberg BNA.

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On the heels of the Second Circuit’s decision that sexual orientation discrimination violates Title VII, advocates for LGBTQ rights scored another victory in federal court. On March 7, 2018, the Sixth Circuit unanimously ruled in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. that discrimination on the basis of transgender and transitioning status violates Title VII’s prohibition on sex-based discrimination.

Continue Reading Another Federal Court Victory For LGBTQ Rights–The Sixth Circuit Follows The Lead Of The Second And The Seventh Circuits

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Baker McKenzie partner Joe Deng introduces Gil Zerrudo to talk about employment laws in the Philippines and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

  1. Employers should review their contingent workforce due to greater enforcement
  2. Employers should take stock of talent pipeline to prepare for potential downturn in global economic activity
  3. The Philippines is a good and welcoming country for employers that are looking to expand

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Baker McKenzie partner Ben Ho introduces Nadege Dallais to talk about employment laws in France and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

  1. It should become easier for international companies in France to demonstrate that they are experiencing financial difficulties when trying to support economic dismissals.
  2. Damages in connection with unfair dismissals will become a bit more predictable because French law now places both a floor and a ceiling on the amount of damages available.
  3. Employee representation will become more simplified with employee delegates, health and safety committee and works councils being merged into one social and economic committee known as the CSE.
  4. In-house collective bargaining agreements should introduce more flexibility to employers because they will now be able to govern areas that historically were only set by law.

Download now on iTunes | Android | Stitcher | TuneIn | Google Play.

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We are pleased to present The Global Employer Magazine 2018 Horizon Scanner. Our easy-to-digest overview of global and regional trends and developments in global employer and labor law is designed to help equip you for the year ahead.

In this issue, we feature:

  • A global overview of the key trends and developments impacting global employers including nationalism and mobility, the gender pay gap, the rise of the modern workforce
  • Regional checklists for the year ahead and data privacy compliance
  • Regional outlooks looking at how the trending global employment law issues are playing out across Asia Pacific, EMEA, Latin America and North America

Click here to download.

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Join us for a breakfast briefing on March 27 in Palo Alto for an update on the latest trends and regulations impacting multinational employers in Latin America. Hear from leading practitioners in five key LATAM jurisdictions – Argentina, Brazil, Colombia, Mexico and Venezuela – as we address hot topics that employers are facing right now including:

  • Managing a modern workforce, from contingent workers to outsourcing service models
  • Addressing the gender pay gap, including gender pay legislation and expectations
  • Complying with changes in termination and anti-harassment legislation
  • Predicting the impact of new leadership in Argentina, Brazil, Colombia, Mexico and Venezuela
  • Preparing for significant labor reform in Argentina, Brazil and Mexico
  • and more!

Click here more details, including how to register.

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In our Global Employer Monthly eAlert, we capture recent employment law developments from across the globe to help you keep up with the ever-changing employment law landscape around the globe.

In this month’s issue, we share updates from Argentina, Australia, Austria, Brazil, Canada, Chile, France, Italy, the Netherlands, South Africa, Sweden, Taiwan, Thailand, the United Kingdom and the United States.

Click here to view.