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On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) sent 1,000 Corporate Scheduling Announcement Letters (CSALs) to federal contractors informing them that they may be audited for compliance with federal non-discrimination requirements/affirmative action plans.

Continue Reading Federal Contractors: Be Prepared For An Audit In 2018

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(With thanks to Lois Rodriguez from our Madrid office for preparing this post in collaboration with Yana Komsitsky.)

Before conducting workplace surveillance, employers who want to monitor their workplaces, even if they suspect their employees of stealing or other nefarious activity, should heed the recent European Court of Human Rights (ECHR) judgement in the case of Lopez Ribalda and others v. Spain.

In early January, the ECHR held in favor of five supermarket chain employees who had been dismissed after they were caught stealing on hidden cameras because the cameras had intruded on their right to respect for private and family life.

Continue Reading The European Court Of Human Rights Awards Damages To Five Employees Filmed Stealing From Their Employer

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In our latest podcast, Baker McKenzie partner Ben Ho introduces Monica Kurnatowska to talk about employment laws in the UK and give an overview of what changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

  1. Brexit – UK employment rights will generally be unaffected in the short term, but there is concern from nationals from other EU states about their right to remain, despite attempt to re-assure them by the government
  2. Gig economy – closer scrutiny on misclassification of workers
  3. Gender pay gap – companies with 250 or more employee in GB, are required to publish key data points relating to the difference in pay between men and women

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

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Be sure to download our 15 minute podcast about employment laws in Brazil. Baker McKenzie partner Kerry Weinger introduces Leticia Ribeiro from Sao Paulo to talk about employment laws in Brazil and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

  1. With the labor reform, it is time to revisit local practices, policies and agreements, and confirm that they are consistent with the new law
  2. While it is important to adjust to the new provisions of the labor code, it is important to do so with caution as we are hearing that the labor court judges might be a bit resistant to some changes that were recently introduced
  3. With the very near implementation of the eSocial program, multinational employer must be ready to start the required reporting and that the information reported will not create any issues

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

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Last week the EEOC released its charge statistics from fiscal year 2017, which ran from Oct 1, 2016 through Sept 30, 2017.

  • Retaliation was the most common claim in FY 2017, followed by race discrimination, disability discrimination, sex discrimination (all types, including sexual harassment), age discrimination, national origin discrimination, and religious discrimination.
  • Charges were down a bit in all categories, but monetary relief was up in LGBT cases and, in sexual harassment cases, was at the highest level since 2010. BUT — note that the EEOC’s fiscal year ended before the #MeToo movement began so we predict the 2018 statistics will paint a very different picture.
  • Further, note that the EEOC’s new online portal, launched in November 2017, which makes it incredibly easy for individuals to sign in and file charges.

Continue Reading EEOC FY 2017 Statistics Recap: Retaliation Claims Charge Ahead

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Last week, the Securities and Exchange Commission (SEC) Office of Minority and Women Inclusion (OMWI) introduced its voluntary Diversity Assessment Report for Entities Regulated by the SEC. The Report is intended to help SEC-regulated entities conduct self-assessments of their diversity policies and practices, and provides these entities with a template for submitting information about their self-assessments to OMWI. Conducting self-assessments and providing the information to OMWI are voluntary.

The SEC’s Report is in line with the recent demands from US shareholders demanding transparency and accountability when it comes to gender pay and commitments to creating more inclusive and diverse workplaces. We expect diversity and inclusion to remain at the forefront of legal issues facing employers for years to come.

Continue Reading SEC Invites Regulated Entities To Voluntarily Submit Self-Assessments Of Diversity Policies And Practices–Read This Before You Accept

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We are pleased to announce our new “Employer Report” podcast series.

Each 15-minute episode gives an inside view into employment laws in various countries around the world, highlighting legislative changes, trends, and tips for US multinational employers. Our first five countries available now: Brazil, Germany, Japan, United Kingdom, and Spain.

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

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We put our heads together to come up with some predictions for 2018.

Read the Horizon Scanner for more details but, in a nutshell, we predict:

  1. Multiplying statutory obligations aimed at closing the gender pay gap
  2. A push to become data-privacy compliant before GDPR is effective May 25, 2018
  3. Growing paid leave benefits for families around the globe
  4. A renewed focus to protect company assets globally
  5. Consistent deal growth with a particular bent towards “insourcing” arrangements

Click HERE to get the full picture!

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We are pleased to report that a California federal judge put to rest claims by a proposed class of Kiewit Infrastructure West Co. workers that they weren’t given adequate meal breaks and rest periods, saying the company was exempted from liability by a valid collective bargaining agreement.

In reconsidering a portion of his November ruling that granted the construction and engineering services provider partial summary judgment over various wage and hour claims brought by lead plaintiff Peter Zayerz under the California Labor Code, Judge Gutierrez acknowledged he had mistakenly failed to consider in his earlier decision whether the company was exempt from liability for the meal and rest period claims by a collective bargaining agreement that was in place between 2012 and 2015, the time period in which Zayerz’s claims arose.

“The court concedes that it failed to consider a material issue of law in its prior order, namely that the governing CBA exempts defendant from liability under the labor code for the meal and rest period claims,” Judge Gutierrez said.

With that, Judge Gutierrez awarded Kiewit summary judgment on all remaining claims and closed the case. Kiewit is represented by our own Arthur J. Rooney, Todd K. Boyer, Benjamin R. Buchwalter, Alexis Hawley and Melissa Logan.

The case is Peter Zayerz v. Kiewit Infrastructure West Co. et al., case number 2:16-cv-06405, in the U.S. District Court for the Central District of California.

Find the write-up in Law360 HERE.