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The Employment Law Authority - March/April 2017

EXECUTIVE ORDERS MARK A RISING, ROILING TIDE OF IMMIGRATION ENFORCEMENT ACTIONS - In his first week in office, President Donald Trump launched a series of executive orders (EO) directing large-scale changes on...more

European Labour & Employment Update - March 2017

New rules have come into force concerning employees' rights to disconnect from digital devices outside normal working time. From 1 January 2017, all relevant employers must negotiate on the employees' right to have periods...more

United Kingdom: Gender Pay Gap Reporting Laws Update, European Labour & Employment Update

A reminder that the government has published its final draft form of the Gender Pay Gap Regulations, which come into force on 6 April 2017. The Regulations oblige relevant employers to report on their gender pay gap on an...more

European Court Clarifies Legality of Banning Islamic Headscarves in the Workplace

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

Puerto Rico Enacts Equal Pay Act Prohibiting Gender-Based Pay Disparities

The Act also prohibits pay inquiries in the hiring process and limits restrictions on employee compensation discussions. Less than two months after the passage of the Labor Transformation and Flexibility Act that...more

CJEU Provides Guidance on Bearing Religious, Philosophical, or Political Symbols in the Workplace

The Court of Justice of the European Union provided new guidance on March 14, 2017 on the visible bearing of political, philosophical, or religious symbols in the workplace—and any direct discrimination that may result....more

Dutch and French Legislatures Introduce New Human Rights Due Diligence Reporting Requirements

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

Protests Planned for March 8 Are Not A Reason to Deviate from Normal Attendance Policies

The organizers of January’s Women’s March on Washington and similar “sister” marches across the country are calling for women to “take the day off from paid and unpaid labor” on March 8, 2017. Promoted as a “Day Without A...more

Exposing Bad Practice in Financial Services – Are New Whistleblowing Regulations Working towards Encouraging a Culture of...

September 2016 saw the enforcement of new rules by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) that aimed at increasing confidence amongst financial services employees and encouraging...more

Recruitment and Wage and Hour Law in Ontario

What are the requirements relating to advertising positions? In accordance with Ontario’s accessibility legislation, advertisements should note that employers will provide accommodations during the hiring process for...more

Gender Pay Gap Reporting: What You Need to Know

Summary - McDermott’s “Key Employment Law Events in 2017 and Beyond” update highlighted the upcoming regulations requiring certain employers to report on the gender pay gap in their workforce (Equality Act 2010 (Gender...more

Damages in bullying claims – the stakes are rising even higher

The Victorian Supreme Court recently issued a stunning decision awarding an employee over $600,000 comprising $210,000 for pain and suffering and the balance for lost past and future income, despite the employee having a...more

The Top Ten Things You Should Know About UK Employment Law

What 2016 lacked in employment law changes, it made up with political surprises (Brexit) and sweeping data protection changes (the GDPR). Due to these dynamic changes and in anticipation of what lies ahead, our UK employment...more

Advancing Human Rights Claims Based on Global Supply Chain Activities: Recent Developments in California and Canada

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

"Business and Human Rights Movement Spurs Development of Remedial Options"

In the emerging area of business and human rights, the endorsement of the United Nations Guiding Principles on Business and Human Rights (UNGPs) by the U.N. Human Rights Council five years ago marked a watershed event. The...more

Human Rights and Global Supply Chains

Fashion retailers need to be vigilant to prevent human rights abuses in their supply chains whilst complying with their legal obligations. The UK’s Parliamentary Joint Committee on Human Rights is investigating human...more

UK Financial Services Whistleblowing Regulation Survey: Assessing The Impact Of The FCA/PRA Senior Managers Regime Whistleblowing...

NAVEX Global partnered with an independent research firm to survey compliance professionals from the UK Financial Services industry about their approach to whistleblowing and incident reporting. Our findings provide insight...more

Open for Business: Puerto Rico Enacts Sweeping Labor Reform

Employer-friendly revisions to attract new businesses and facilitate operations for existing enterprises signals a new era of labor flexibility in Puerto Rico. On January 26, 2017, weeks after being sworn in as the...more

Algorithms and bias: What lenders need to know

The algorithms that power fintech may discriminate in ways that can be difficult to anticipate—and financial institutions can be held accountable even when alleged discrimination is clearly unintentional....more

The U.S. Issues a National Action Plan on Responsible Business Conduct

On December 16, 2016, the United States launched a National Action Plan (the “U.S. NAP”) on Responsible Business Conduct. The U.S. NAP seeks to operationalize the government’s role in encouraging responsible business conduct...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: updates on litigation in the Doe v. Nestle case; a private...more

Terminated Disney Employees Allege that Outsourcing Work to Indian Workers Discriminated against American Workers

Disney continues to face legal repercussions from the company’s 2014/15 layoffs of numerous American IT workers, and the outsourcing of their functions to two Indian companies employing H-1B workers. On Monday, Dec. 12th,...more

Top 10 Litigation Risks and Trends for Retailers

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Update: UK Government Publishes New Draft Gender Pay Reporting Regulations

After a lengthy period of consultation, on 7 December 2016, the UK government published the revised draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2017....more

Final UK Gender Pay Gap Regulations Published

The long awaited final draft of the Gender Pay Gap Regulations was published on 6th December 2016. The Regulations are scheduled to come into force on 6th April 2017. This OnPoint summarises the provisions of the Regulations...more

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