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Happy 2016, loyal readers! We are barely one week into the new year, and the employment world is bustling with news.

To that end, we would like to present our Annual Employer Update, which includes a wellspring of information on hot topics from 2015, as well as some of the trends we expect to see in 2016.

The Annual Employer Update spans a broad array of issues, from federal contractor compliance to wage and hour issues to international employment law trends. Among others, the Update includes articles on the following trending topics:

  1. Developments in Accommodation Laws for Pregnant Workers
  2. Updates on the ERISA Fiduciary Duty Standard
  3. The State of the EU/US “Safe Harbor” Privacy Principles
  4. The NLRB’s Expansive Definition of “Joint Employer” and New Election Rules
  5. Department of Labor’s Proposed Overtime Rules for “White Collar” Employees

Again, you can find our Annual Employer Update here.  And for those of you with offices and/or employees in California, be sure to check out the California Employer Update, also included in the Update and prepared by our colleagues in California.

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We look forward to keeping you up to date on the latest employment news and information throughout 2016.

Thanks for reading!

 

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School’s Back in Session!

You are invited to enroll in Baker & McKenzie’s Global Mobility University, a full-day, interactive learning program designed to provide international HR, immigration, employment and tax professionals with an introduction to the legal and tax considerations surrounding employee mobility. The program will take place on February 3, 2016.

All participants will be provided with course material, including checklists and takeaways. There will be “pop quizzes” throughout the day and a case study to tie everything together at the end.  Participants will enjoy a “graduation” and networking reception after the program where they will have the opportunity to socialize with their fellow graduates. Faculty will be available throughout the day to answer questions as they come up.

The Global Mobility University will have a limited enrollment to ensure an ideal environment for an interactive learning experience. Previous programs have been held in Chicago, Palo Alto, and New York, with lots of positive feedback from attendees.

Continue Reading Global Mobility University (February 3, 2016)

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On August 27, in a highly anticipated decision, the National Labor Relations Board adopted a new joint employer standard, dramatically changing and expanding the long-held standard previously in use. Regardless of whether your workforce is unionized or not, this new standard has far-reaching implications. Continue Reading Big Changes for Joint Employers: What You Need to Know

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Do your job applications ask applicants about their criminal history? If so, you could be violating various state laws that prevent employers from inquiring into applicants’ criminal history at the initial stages of the hiring process.

These laws, commonly referred to as “ban-the-box” laws, have recently seen a rapid increase in support across the United States. The increase is largely attributable to the grassroots efforts of numerous organizations that aim to remove hiring barriers for individuals with criminal records. Employers who are caught unaware, or do not comply with these laws, risk exposure to fines and penalties, and being a target for individual and class-action lawsuits.

Continue Reading Asking Applicants About Criminal History—What You Need to Know

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The dog days of summer are here, but the Department of Labor has shown no signs of slowing down. In June, the DOL rolled out revisions to its official Family and Medical Leave Act forms. While the revisions may seem minor at first glance, they could have a large impact on how medical information is shared between employers, employees and health care providers. Continue Reading FMLA Forms Incorporate GINA Reforms

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So you’ve determined the employees who will be included in the layoff and determined any WARN obligations . . . now what?  While its often brushed aside as an administrative exercise, employee final pay is a significant action that is full of traps for the unwary.  Governed by the Texas Payday Law, failure to properly provide final pay can subject a company to civil liability of up to $1,000 per violation, and, if intent is shown, criminal liability.  Fortunately, the Texas Payday Law provides guidance on how to handle a number of common questions regarding final paychecks. Continue Reading Issuing Final Pay – RIF Series

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Conducting a layoff can be a difficult and delicate process.  The first step in any layoff is to determine which employees will be terminated.  In the current business environment, the last thing any employer wants is an employee bringing suit!  So, how can employers start off on the right foot to avoid a lawsuit by a disgruntled former employee? Continue Reading Selecting Which Employees to Lay Off at Home and Abroad – RIF Series

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It’s been more than a year since the Office of Federal Contract Compliance Programs issued groundbreaking new rules related to Section 503 and the Vietnam Era Veterans’ Readjustment Assistance Act, yet the Agency shows no signs of slowing down.  In the past several months, the OFCCP has issued proposed rules on hot topics such as pay discrimination and discrimination based on sexual orientation and gender identity.  Continue Reading Four Ways to Prepare for the New OFCCP Rules