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An update from our neighbors to the north (with thanks to Chris Burkett, partner in our Toronto office): In January, the Ontario Court of Appeal (in Canada) overturned the lower court’s decision in Heller v. Uber Technologies Inc., 2019 ONCA 1. The Court of Appeal held that an arbitration clause requiring arbitration in the Netherlands of disputes between drivers and Uber to be invalid and unenforceable. Based on the presumption that Uber drivers are employees of Uber, the Court…
What are the people implications of Brexit under a no-deal scenario compared to what is likely to happen if a deal can be reached? Download our full analysis of the implications for employees, including the impact on the right to travel and work across the EU, employment rights and social security. In summary Little change is expected to UK employment rights on 29 March 2019, whether or not a deal is reached. Any new deal…
The recent attention to the gender pay gap has exposed the extent to which women are underrepresented in senior and highly paid roles, but there is similar cause for concern in many parts of the globe in relation to underrepresentation of certain ethnic groups. While this issue is more complex in many regards, there is a clear business case for action. Click here to read the article which discusses the complexity of the ethnicity pay…
If you have employee headcount in Canada, be sure to catch up on the top 10 developments from 2018 . . .  Legalization of recreational marijuana. Across Canada, the legalization of recreational cannabis has had a significant impact on employers, requiring them to implement changes to their workplace policies and procedures. The legalization of recreational marijuana has placed a spotlight on issues resulting from current technological limitations of testing for “current impairment”, and has required employers…
(Thank you to our Baker McKenzie colleagues in Mexico for sharing this alert.) As a result of a change in government leadership and recently signed laws and treaties, companies in Mexico now have an important “to do” for 2019: prepare to review any unions that are “on the books” and assess compliance in this new environment. What are “White Unions”? White Unions in Mexico are usually employer-friendly unions that — due to current legislation deficiencies — can…
With thanks to Barbara Klementz for authoring this post. Gender pay gap and pay equity are big discussion topics for companies around the world as more and more countries enact laws intended to close the gender pay gap and as case law develops involving discrimination claims related to pay equity. Beyond strictly legal obligations, many companies also face shareholder and employee pressure for increased transparency around diversity and gender pay.…
The UK Cabinet and EU leaders have now approved a draft withdrawal agreement setting out the terms of UK withdrawal from the EU. With the agreement still to be approved by the European and UK parliaments, our London Employment & Compensation team recently released a report analyzing the potential people implications of a “deal” verse “no deal” scenario. Click here to access. For more Brexit-related news, please visit our Brexit blog or our central Brexit
Today, an estimated 40 million people are living in modern day slavery—including an estimated 16 million individuals in forced labor across global supply chains. Given the importance of this issue, we are proud to introduce a new publication, Eradicating Slavery: A Guide for CEOs. Prepared by the B Team in partnership with Baker McKenzie, this guide provides practical guidance and examples of successful collaboration among companies to help end modern slavery. While there’s been increasing concern…
In recent years, joint employer liability has emerged as a persistent threat for companies who use franchise business models. Franchisors are increasingly facing claims brought by employees of franchisees for entitlements flowing from their employment. The outcome in these cases is unpredictable because the law is undergoing change. As such, the joint employer aspects of franchising arrangements can prove to be a minefield for the unwary and are a growing global concern. Click here to…