This summer, the European Union is expected to finalize and pass a law – albeit in a materially different form from previous versions – that will place substantial human rights obligations on global employers. On March 15,...more
On May 11, 2023, Canada passed An Act to enact Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (the “Act”). As we reported previously, the Act will create supply chain...more
5/17/2023
/ Canada ,
Child Labor ,
Corporate Counsel ,
Corporate Social Responsibility ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
International Labor Laws ,
Labor Reform ,
New Legislation ,
Slavery ,
Supply Chain
In February 2019, the German Federal Ministry for Economic Cooperation and Development (“Development Ministry”) introduced a draft law (the “Draft Law”) that seeks to mandate human rights due diligence for German companies...more
4/26/2019
/ Anti-Corruption ,
Corporate Counsel ,
Corporate Social Responsibility ,
Due Diligence ,
EU ,
Germany ,
Human Rights ,
Human Trafficking ,
Internal Controls ,
National Action Plan ,
Reporting Requirements ,
Risk Management ,
Supply Chain ,
Voluntary Compliance
Two new California laws seek to combat human trafficking through required training and mandatory notice postings. These steps are intended to provide education and resources for employees who believe they, or someone they...more
10/3/2018
/ Child Labor ,
Corporate Counsel ,
Corporate Social Responsibility ,
Employee Training ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
New Legislation ,
Posting Requirements ,
Risk Management ,
Slavery ,
State and Local Government ,
State Labor Laws ,
Supply Chain ,
Transparency
The Hong Kong legislature is currently considering draft legislation which, if enacted, will require certain companies—including those incorporated outside of Hong Kong—to publish a “slavery and human trafficking statement.” ...more
4/17/2018
/ Child Labor ,
Corporate Counsel ,
Corporate Social Responsibility ,
Forced Labor ,
Hong Kong ,
Human Rights ,
Human Trafficking ,
International Labor Laws ,
Legislative Agendas ,
Proposed Legislation ,
Reporting Requirements ,
Slavery
The Australian Government has announced plans to release draft legislation proposing the introduction of a “modern slavery in supply chains” reporting requirement. ...more
2/7/2018
/ Australia ,
Corporate Counsel ,
Corporate Social Responsibility ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
Modern Slavery Act ,
Proposed Legislation ,
Public Disclosure ,
Supply Chain ,
Transparency
An ongoing debate exists regarding the nature and extent to which transnational companies should be held directly and legally liable for human rights impacts. Much of this debate has involved calls for additional regulation...more
11/10/2017
/ Burden of Proof ,
Burden-Shifting ,
Corporate Counsel ,
Corporate Social Responsibility ,
Corporate Veil ,
Due Diligence ,
Extraterritoriality Rules ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
Multinationals ,
Supply Chain ,
UN Guiding Principles ,
Working Groups
On March 14, 2017, the Court of Justice of the European Union (“ECJ”) issued a significant ruling clarifying when an employer may prohibit employees from wearing visible signs of their religious beliefs in the workplace. The...more
In February 2017, legislatures in the Netherlands and France took significant steps to implement mandatory due diligence and reporting rules regarding the impact of an employer's operations and supply chains on human rights. ...more
3/14/2017
/ Child Labor ,
Corporate Counsel ,
Corporate Social Responsibility ,
Due Diligence ,
Forced Labor ,
France ,
Human Rights ,
Netherlands ,
New Legislation ,
Risk Assessment ,
Supply Chain
Courts in California and Canada have emerged as testing grounds for advancing claims of forced labor in global supply chains. The plaintiffs’ approach is to make companies more accountable to “soft law” norms like the UN...more
2/15/2017
/ Canada ,
Child Labor ,
Class Action ,
CLRA ,
Corporate Counsel ,
Costco ,
False Advertising ,
Forced Labor ,
Human Rights ,
Multinationals ,
Putative Class Actions ,
Supply Chain ,
Thailand ,
Third-Party Service Provider ,
UN Guiding Principles ,
Unfair Competition Law (UCL)
On November 29, 2016, France’s National Assembly adopted the text of a bill (the “Bill”) that, if enacted, would create new due diligence obligations for large French companies regarding their subsidiaries’ and supply chain...more
Recent class actions have claimed that companies have violated California consumer fraud and unfair competition laws resulting from alleged forced labor in their global supply chains. These state law claims argue that...more
10/15/2015
/ Alien Tort Statute ,
Child Labor ,
Class Action ,
Consumer Fraud ,
Corporate Counsel ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
Kiobel v. Royal Dutch Petroleum Co. ,
Petition for Writ of Certiorari ,
SCOTUS ,
Slavery ,
Supply Chain ,
Transparency in Supply Chains Act ,
UN Guiding Principles ,
Unfair Competition
The U.S. Supreme Court's recent decision in Kiobel v. Royal Dutch Petroleum upholding the dismissal of an Alien Tort Claims Act (ATCA) suit, left a great deal unanswered. The Kiobel decision did, however, limit the potential...more
The U.S. Court of Appeals for the Seventh Circuit recently ruled on two important intermittent Family and Medical Leave Act (FMLA) leave issues in Hansen v. Fincantieri Marine Group. First, the court determined that the FMLA...more