modern workforce

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Once again, Baker McKenzie attorneys, industry thought leaders and key clients from around the world convened (this time in New York) to answer this essential question: What is the future of work? 

One consistent theme that permeated many of our discussions can be summed up as: Inclusion or Bust.

What does this mean?

It means that as global employers, we’re moving beyond a singular focus on diversity. As guest speaker Vernā Myers says,

Diversity is being invited to the party. Inclusion is being asked to dance.”

To truly reap the rich rewards of a diverse workplace, companies must invest generously and continuously in inclusion. Many senior business leaders predict that companies that don’t will be left behind and may actually cease to exist entirely in the not too distant future.Continue Reading Inclusion Or Bust

In last Thursday’s Vazquez v. Jan-Pro Franchising, the Ninth Circuit made several impactful findings related to the infamous Dynamex decision:

  1. Aligning with several state court decisions supporting retroactivity, the Ninth Circuit ruled that Dynamex’s ABC test applies retroactively.
  2. It also applied Dynamex to a multi-level franchise structure, expanding the test beyond the independent contractor context.
  3. Last, the Court issued guidance to the district court on remand reaffirming the difficulty of “passing” the ABC test.

Continue Reading In Expansive Decision, Ninth Circuit Rules Dynamex Applies Retroactively

In a global survey by WIRED Consulting, in collaboration with Baker McKenzie, we explore the big picture modern workforce questions above and discuss how companies are balancing these risks with the benefits of the flexible age. As frictionless innovations are likely to continue and deepen in the future, what lessons can be learned from corporate…

Explosive growth in emerging markets has created a significant demand for companies to move workers around the globe to explore and seize new opportunities. At the same time, there has been an equally significant demand for companies to reduce their mobility costs. As a result, traditional employees are now more likely to be sent on short trips to fill specific business or customer needs, and project-based assignments are often more likely to be filled by a modern workforce that includes a variety of nonemployees.

A large majority of companies have seen an increase in these new types of assignments. Nevertheless, many still do not have formal guidelines for managing frequent crossborder travelers, and they admittedly fall short of properly educating their managers and mobile workers on the potential risks of these arrangements. Consequently, many vulnerabilities and misconceptions persist. Additionally, the growing prevalence of accidental expats has led to heightened scrutiny, incentivizing governments to crack down on business travelers and, with the assistance of technology, to become more adept at catching transgressions.Continue Reading Modern Mobile Workers & The Accidental Expat

With the modern workforce comes modern employment problems. Businesses and workers alike have embraced the “gig economy,” but employment laws were not designed for workforces dominated by independent contractors and freelancers. This disconnect leaves gig economy businesses open to significant liability where such workers should have been classified as employees under the law.Continue Reading New York Delivers Good News For Independent Contractors, But Risks Remain

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

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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…