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Jordan Kirkness and Susan MacMillan in our Toronto office report that the government of Ontario announced yesterday that it will introduce new legislation to require certain employers to track and publish their compensation information.

The proposed legislation is part of the province’s initiative to advance women’s economic status and create more equitable workplaces (the initiative is titled “Then Now Next: Ontario’s Strategy for Women’s Economic Empowerment”). Yesterday’s announcement comes on the heels of last week’s budget plan in which the Canadian federal government outlined proposed proactive pay equity legislation that would apply to federally regulated employers — see here for our article on the proposed federal legislation.

For more on Ontario’s new pay transparency legislation, see here.

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Baker McKenzie partner Susan Eandi introduces Rowan McKenzie to discuss  employment laws in Hong Kong and give an overview of what changed in 2017, as well as what we can expect in 2018.

Key Takeaways:

  1. Increase in minimum wage – came through in May 2017
  2. Be aware of what right to reinstatement may end up looking like
  3. Cognizant of potential changes in work hours and overtime for low wage earners
  4. Abolition of the Mandatory Provident Fund offset upon termination and any potential relief that may be provided to employers
  5. Staying ahead of potential changes to immigration policy

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Baker McKenzie partner Susan Eandi introduces Chris Burkett from Toronto to talk about employment laws in Canada and give an overview of what’s changed in 2017 as well as what we can expect in 2018.

Key Takeaways:

  1. Employers must review their workplace health and safety policies to ensure that anti-harassment polices are up to date and that training is in place, particularly around sexual harassment.
  2. Review termination clauses in employment agreements to ensure compliance with ESA and clarity of language and intent.
  3. Implement the minimum wage and equal pay obligations that are now in force.
  4. Be proactive in managing the use of cannabis in the workplace, particularly where accommodation requests come into play.
  5. Prepare for expanding supply chain + ESG transparency and global corporate human rights obligations. If operating globally, ensure you have a policy and due diligence program in place to mitigate adverse human rights impacts and lower risk of exposure to human rights lawsuits and reputational damage.

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Baker McKenzie partner Kerry Weinger introduces Liliana Hernandez-Salgado from Mexico City to talk about employment laws in Mexico and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

  1. Companies doing business in Mexico must stay tuned for further developments related to outsourcing regulations. Meanwhile companies with a traditional corporate structure of two legal entities, must review their corporate structure and outsourcing arrangements to mitigate labor, social security and tax risks.
  2. 2018 appears to be a year of significant amendments to the labor legislation in Mexico, mainly related to procedures to resolve individual and collective disputes. The amendment to the Mexican Constitution in 2017 could represent significant changes related to freedom of association, by establishing the obligation for unions to prove that they represent workers of the Company in order to file a strike call for the execution of a collective bargaining agreement. If the Mexican labor laws are amended in these terms, the practice of companies in Mexico to execute collective bargaining agreements to prevent a strike call, commonly known as “protection agreements”, will come to its end.
  3. Companies must review their anti-corruption, discrimination and harassment policies in the workplace. The implementation of appropriate policies, not only allow companies to impose disciplinary actions against employees who breach them, but they also prevent risks for the Company, including penalties from government agencies, payment of damages and even criminal liability.

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On February 26, 2018, the Second Circuit became the second federal appellate court to rule that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964, following the Seventh Circuit’s April 2017 decision in Hively v. Ivy Tech Community College, which reached the same conclusion.

Continue Reading Diverging From The DOJ, The Second Circuit Rules That Sexual Orientation Discrimination Is Prohibited By Title VII

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The NLRB’s roller coaster ride that is its joint employer standard took another sharp turn Monday, when the Board unanimously agreed to vacate its recent employer-friendly joint employer decision and to restore the joint employer standard adopted in Browning-Ferris.

Continue Reading NLRB Vacates Employer-Friendly Joint Employer Decision Over Conflict Of Interest Concerns

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We asked our Canadian colleague, partner Christopher Burkett, to describe the current labor and employment landscape in Canada and here’s what Chris had to say:

It’s evolving at a fast pace. With a left-leaning Liberal government in power at both the federal and provincial level (Canada and Ontario), legislative priorities have included legalizing marijuana, improved parental and care-giving benefits and strengthening other employee rights. As with many other parts of the world, the ever-increasing compliance landscape and the expectations of the public and employees are reshaping the workplace, and there is an increasing emphasis on internal investigations and legislative protections for workers. In addition, Canada is beginning to look closely at corporate activity abroad in terms of labor/human rights and supply chains. The government recently announced an ombudsperson for responsible business. The government is also considering a Modern Slavery Act. All of this means we are partnering with employers to look around the corner and help our clients be proactive and to fight back where there has been overreach.

We recommend subscribing to the Canadian Labour and Employment Law blog to keep up-to-date on these and other new developments impacting employers with operations in Canada.

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On February 8, 2018, in what is believed to be the first time a gig economy case has been fully decided on the merits, a California federal judge ruled in favored in favor of the company and held that the delivery driver was properly classified as an independent contractor.

The opinion of US Magistrate Judge Jacqueline Scott Corley states that “[a]fter considering all of the Borello factors as a whole in light of the trial record, the Court finds that Grubhub has satisfied its burden of showing that Mr. Lawson was properly classified as an independent contractor.”

In rejecting the driver’s claim that he was actually an employee entitled to minimum wage, overtime and other benefits associated with employee status, the Court awarded the gig economy a significant victory.

Continue Reading Score One For The Gig Economy: California Federal Judge Upholds Independent Contractor Status Of Grubhub Delivery Driver

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In our latest podcast, Baker McKenzie partner Joe Deng introduces Tomohisa Muranushi to discuss employment laws in Japan and give an overview of what changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

  1. Reduce excessive overtime
  2. Encourage greater female participation
  3. Watch out for developments regarding fixed term contracts

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

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Multinational employers are facing a new era of globalization characterized by the polarized forces of cooperation and competition ─ a duality that makes for a messy business landscape. Our new report,  Globalization 3.0: How to survive and thrive in a new era of trade, tax and political uncertainty, aims to provide corporate leaders with a greater understanding of key trends so they can anticipate, influence and better prepare for the changing world order.

This report focuses on how the aforementioned forces of cooperation and competition are shaping policies in four key areas:

  • Data privacy
  • Investment
  • Labor and human rights
  • Tax

Alongside helpful insights, the report also identifies actions for companies to consider now to prepare for the next era of globalization.

Click here to view and download the full report.