The Employer Report

Baker McKenzie partner Ben Ho interviews Liliana Hernandez-Salgado (Mexico) and Leticia Ribeiro (Brazil) regarding the most important changes for employers in LATAM. Liliana shares that companies doing business in Mexico should anticipate significant reforms to Mexican Federal Labor Law and how to best respond. Likewise, given the new government's labor policy and related expected increase of inspections, Liliana recommends that companies revisit their current union relationships. In Brazil, Leticia suggests that companies watch closely to see how the new labor reforms are interpreted in court and what that means for day-to-day business operations. She also shares some predictions about additional changes ahead given Brazil's newly-elected president who favors less government interference in the private sector.

Baker McKenzie partner Carole Spink interviews Steffen Scheuer (Germany), Carl Richards (UK) and Nadege Dallais (France) regarding the most important changes for employers in EMEA. Steffen explains how multinationals should be extra cautious in implementing and documenting global equity programs so as to mitigate against co-determination issues and other liabilities. Nadege discusses why now might be a good time to carry out a quick compliance audit in France, and Carl suggests how companies might respond to the spotlight on diversity and inclusion in the UK.

Baker McKenzie partners Michael Brewer and Arthur Rooney discuss the highly anticipated decision from the US Supreme Court regarding class action waivers in arbitration agreements. In Epic Systems Corp. v. Lewis the US Supreme Court ruled that class action waivers in arbitration agreements are fully enforceable, notwithstanding the right to engage in concerted activity under the National Labor Relations Act (the NLRA).

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker & McKenzie partner Susan Eandi introduces Tatiana Garces to talk about employment laws in Colombia and give an overview of recent changes as well as what we can expect in the future.

Key Takeaways:

1. Focus on compliance – time to do some internal audits of your workforce and supply chain
2. Take a look at the gender pay gap and gender equality rules

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker & McKenzie partner Ben Ho introduces Charlie Dodds to talk about employment laws in Argentina and give an overview of recent changes as well as what we can expect in the future.

Key Takeaways:

1.   The environment in Argentina is becoming more favorable to businesses and investing in Argentina

2.   Unions are demonstrating more willingness to negotiate and agree and work with employers to develop pro-business conditions

3.   Judicial system is taking a far less paternalistic approach

4.   Hopeful that aspects of the new bill will be brought to Congress and approved

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker & McKenzie partner Joe Deng introduces Kellie-Ann McDade to talk about employment laws in Australia and give an overview of recent changes as well as what we can expect in the future.

Key Takeaways:

1. Be aware that the Australian environment is a complex industrial landscape. Doing business in Australia is different to the US - no employment at will and a very employee-friendly environment

2. Review workplace safety policies and ensure that workplace anti-harassment polices are up to date and that training is in place

3. Review the use of fixed or maximum term employment contract.

4. Prepare for the increased focus on compliance with Australia's workplace laws and ESG transparency in relation to the global supply chain.

Baker McKenzie partners Michael Brewer and Todd Boyer discuss the big decision from the California Supreme Court regarding independent contractors in California. The case is called Dynamex Operations West Inc. v. The Superior Court of Los Angeles County, and in it, the California Supreme Court dramatically changed the legal landscape for companies reliant on independent contractors. Mike and Todd explain a bit more about the case and why it is so significant.

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker McKenzie Employment & Compensation partner Bill Dugan introduces his colleague Robin Samuel, to discuss the latest developments surrounding whistleblower issues in the US.

Key Takeaways:

1. Whistleblower laws are growing and there is a broad range of protection laws that can impact employers from consumer protections, to transportation, to workplace and safety.

2. Most whistleblower protection laws use standards that favor employees making it a challenge to defend against retaliation claims.

3. Create a "complaint friendly" culture of trust in your company to manage internal complaints and build an effective whistleblower program.

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker McKenzie Employment & Compensation partner Emily Harbison introduces her colleagues Arthur Rooney and Mike Brewer, to discuss the latest developments surrounding wage and hour and class and collective actions in the US.

Key Takeaways:

1. Companies should stay apprised of the recent wage and hour developments and ever-changing issue of class action waivers in the US that will impact their workforce.

2. Traps remain for companies with operations in California - stay mindful of state legislation.

3. Pay equity is not going anywhere and will remain a hot-button issue for employers.

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker McKenzie Employment & Compensation partner Miriam Petrillo introduces her colleague Todd Boyer, to discuss the latest developments in the US surrounding discrimination, disability, accommodation and harassment laws.

Key Takeaways:

1. Employers must have clear policies, consistent practices – but every situation is unique and needs to be handled on a case-by-case basis.

2. The gender pay gap is trending – permitted reasons for differences in pay seniority system, merit system, a system that measures by quality or quantity of production, or a bonafide factor other than sex.

3. Accommodation requests and needs are a very common issue – employers should take care that the interactive process is well documented as often times you will see these challenged in litigation.