Employment Archives

In Antitrust / Competition

Canada: Competition law amendments prohibit no-poach and wage-fixing agreements

December 1, 2022 by Arlan W. Gates, Andrew Shaw and Justine Johnston 6 Mins Read

The Government of Canada has amended the federal Competition Act, Canada’s consolidated antitrust statute, to criminalize wage-fixing and no-poach agreements between employers, effective 23 June 2023. The criminal prohibition will apply to all employers, and is not limited only to those in competing sectors or industries. Employers who contravene the new prohibition against labor-related collusion risk incurring significant fines, the potential for imprisonment, or both, and heightened private and class action litigation risk.

In Luxembourg

Luxembourg: Baker McKenzie’s Tax and Legal Breakfasts: Employment

November 29, 2022 by Annie Elfassi and Sabrina Bodson 2 Mins Read

The Tax and Legal Breakfasts: Employment seminar at the Baker McKenzie Luxembourg Office on Tuesday 29 November 2022 is designed to give our clients the keys to better apprehend and manage dismissal cases under Luxembourg law. During the seminar, we will cover the traditional questions of the types of dismissal and explain how to build up and manage a case. Furthermore, in a context where employers have difficulties in exercising their power of control over employees working remotely, where harassment claims constantly increase and where employers fear abusive whistleblowing procedures, we will also explain what measures could be implemented or course of action, such as dismissal, taken.
All sessions are complimentary to Baker McKenzie clients and affiliates.

In ESG

Global: Inclusion & Diversity 2022 Virtual Series

November 29, 2022 by Fatima Choudhury, Matthew Carson, Isabel A. P. Carty, Kate Stonestreet, Tristan J. Grimmer, Serena King, Yindi Gesinde, Adam B. Farlow, Bernadette Mordi-Clarke, Elizabeth Denham and Bobby Sarkodee-Adoo 4 Mins Read

Baker McKenzie believes diversity unlocks innovation and drives market growth. Our key commitment is to create work environments that embody and embrace the power of differences. Join us for the final session of 2022 on Tuesday 29 November as we explore the initiatives created by our people, for our people and clients, supporting retention, removing barriers and promoting engagement. We will explore the success of some of our initiatives including Return-ity which supports our staff and clients as they return from parental leave; Talent Incubator where we collaborate with clients to build pitching skills for ethnically diverse talent; and our cross border Mentoring Circles supporting our talent across gender, ethnicity and social mobility.

In Employment

Ukraine: Amendments to laws concerning employment of persons with disabilities

November 25, 2022 by Lina Nemchenko and Mariana Marchuk 2 Mins Read

On 6 November 2022, Law No. 2682-IX of Ukraine “On Amendments to Certain Laws of Ukraine on the Protection of Social, Labor and Other Rights of Individuals, Including During Martial Law, and Simplification of Accounting of Jobs for Disabled Persons” dated 18 October 2022 came into effect. It aims to improve the conditions for the protection of individuals’ rights to work and social protection.

In Trade and Foreign Investment

Global: Year-End Review of Import/Export & Trade Compliance 2022

Welcome to our Virtual Year-End Review of Import/Export and Trade Compliance Developments Conference resource center. Baker McKenzie’s international trade compliance lawyers from around the world discussed the major global legislative, judicial and administrative activities and trends in export controls, trade sanctions, customs compliance, and import requirements in nine 75 minute sessions which took place from 15 to 17 November 2022.

In Employment

Canada: Employers – Comply or face criminal liability on no poach and wage fixing agreements

November 23, 2022 by Andrew Shaw, Arlan W. Gates, Dave Bushuev and Justine Johnston 1 Min Read

Amendments to the Competition Act that come into force on 23 June 2023 will make it a criminal offense for employers to enter into no poach, wage fixing or other agreements related to the terms and conditions of employment in Canada. In this In Focus video, our Labor and Employment and Competition and Foreign Investment Review lawyers discuss the risks associated with non-compliance and what employers should consider as they prepare for the prohibition to come into effect.

United States: California Privacy Law action items for employers

November 18, 2022 by Lothar Determann, Helena J. Engfeldt and Jonathan Tam 6 Mins Read

On 1 January 2023, the California Consumer Privacy Act as revised by the California Privacy Rights Act will take effect fully in the job applicant and employment context.
And with respect to job applicants and personnel, businesses subject to the California Consumer Privacy Act will be required to (i) issue further revised privacy notices, (ii) be ready to respond to data subject requests, (iii) have determined if they sell or share for cross context behavioral advertising personal information about them, and (iv) have determined if they use or disclose sensitive personal information about them outside of specific purposes. If employers sell, share for cross-context behavioral advertising, or use or disclose sensitive personal information outside of limited purposes, numerous additional compliance obligations apply.

In Environment

United Kingdom: What is a valid job evaluation scheme for equal pay purposes?

November 18, 2022 by Monica R. Kurnatowska, Robert Marsh and Mandy Li 3 Mins Read

The Employment Appeal Tribunal has given some helpful guidance on what constitutes a valid job evaluation scheme for the purposes of bringing an equal pay claim under the Equality Act 2010.

In Employment

United States: SEC Releases Final Rule on Clawback of Incentive Compensation

November 18, 2022 by Sinead M. Kelly, Roger Bivans, Victor A. Flores and Thomas Asmar 1 Min Read

On 26 October 2022, the SEC adopted final incentive compensation clawback rules requiring US-listed issuers to: (i) develop and implement a policy for the recovery of incentive-based compensation that is erroneously “received” by current and former executive officers during the three completed fiscal years immediately preceding the date that the issuer is required to prepare an accounting restatement, and (ii) file that policy as an annual report exhibit and satisfy related disclosure obligations in accordance with SEC rules.

In Employment

United Kingdom: Working with Unions bulletin

November 18, 2022 by John M. Evason, Monica R. Kurnatowska and Jonathan James Tuck 1 Min Read

This edition of the “Working with Unions” bulletin covers the period of April to September 2022 and includes: (i) the decision of the Employment Appeal Tribunal in INEOS Infrastructure Grangemouth Limited v Jones & Others and INEOS Chemicals Grangemouth Limited v Arnott & Others, clarifying the scope of the unlawful inducements in collective bargaining provisions under section 145B of the Trade Unions and Labour Relations (Consolidation) Act following last year’s Supreme Court decision of Kostal v Dunkley, and (ii) the Court of Appeal’s decision in USDAW and others v Tesco Stores Ltd which reversed the High Court’s decision to grant an injunction preventing the employer from dismissal and reengagement.