Forced Labor

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Palm Oil Supply Chain Abuses Reported by Amnesty International: Steps to Mitigate Legal Risk

Amnesty International recently released a report alleging that supply chains for production of palm oil—a common ingredient in many consumer products—are tainted by forced and child labor. In the nearly 150-page report titled...more

Don’t Let Forced Labor and Bribery in Your Supply Chain Spoil the Holidays

The holiday retail season is an ideal time to check that forced labor and bribery—two top and interconnected supply-chain threats—do not undermine the success of your critical sales period. Not long ago, many in the...more

Chair Jenny R. Yang's Remarks at the Annual Meeting of the President's Interagency Task Force to Monitor and Combat Trafficking in...

Thank you, Secretary Kerry. Thanks to members of the Advisory Council, to the Presidential Award recipients, and to everyone in the room for your leadership on this issue. When workers are trafficked, they may also be...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: October 2016

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: an important decision by the Supreme Court of British Columbia...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: August 2016 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring....more

Venezuela: Nuevo Programa de Emergencia Obliga a los Patronos a Proporcionar Trabajadores a Empresas Estatales

El Ministerio del Trabajo en Venezuela ha publicado en la Gaceta Oficial un programa de trabajo forzoso, que exige a los patronos del sector público y privado proporcionar trabajadores a empresas estatales, como una especie...more

Venezuela: New Emergency Program Forces Employers to Supply their Workforce, on Demand, to Benefit State-Owned Entities

Venezuela’s Ministry of Labor has enacted the establishment of a forced labor program, which will require public and private sector employers to supply their workers as “temporary loans” to State-owned companies to boost the...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: July 2016

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: a new lawsuit aimed at combating human trafficking in corporate...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: June 2016 #2

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: a new guide for business lawyers from the International Bar...more

Corporate Supply Chains and the Elimination of the Consumptive Demand Exception

President Obama signed the Trade Facilitation and Trade Enforcement Act of 2015 into law in February of this year. In doing so, he eliminated the “consumptive demand exception,” a long-standing loophole in the general...more

A Loophole in CBP’s Forced Labor Statute Just Closed, and Every U.S. Importer Should Take Note

The Forced Labor Statute and the Amendment - In February, the U.S. Congress passed, and President Obama enacted, the Trade Facilitation and Enforcement Act of 2015 (TFEA). Among its provisions is an amendment to the...more

US Customs and Border Protection detention orders on products produced by forced labor in China

US Customs and Border Protection (CBP) recently issued two nationwide orders instructing US ports of entry to detain certain products produced by forced labor in the People’s Republic of China (China). The first order, issued...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - April 2016

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: the first reports published pursuant to the requirements of the...more

What You Need to Know About the Corporate Human Rights Benchmark

On March 21, the Corporate Human Rights Benchmark (“CHRB”) released the methodology that it will use to rank 100 companies on their human rights performance as part of an initial pilot. The companies chosen for the pilot...more

Chocolate Giant Need Not Disclose Child Labor in Supply Chain

Judge Richard Seeborg of the Northern District of California ruled earlier this month in Hodsdon v. Mars, Inc., Case No. 3:15-cv-04450, that neither the FAL, the UCL, nor the CLRA require a company to disclose on its labels...more

Another California Dismissal of Proposed Class Action Regarding Disclosure of Forced Labor in the Supply Chain

We recently blogged about a new wave of class action litigation related to California’s Transparency in Supply Chains Act. In December, Nestlé USA won the dismissal of a complaint against it alleging that the company was...more

Human Trafficking and the Joint Employer Standard: Traps for the Unwary

Human trafficking is a growing problem in the United States and abroad. Although the common assumption is that human trafficking involves sex, it can also involve labor. According to the Office on Trafficking in Persons, a...more

New Law Increases Scrutiny for Importing Goods Made with Forced Labor

The federal government took another step in the fight against human trafficking and forced labor. President Obama signed into law on February 24, 2016, the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which...more

U.S. Congress Finally Eliminates the Consumptive Demand Exception

On February 11, the U.S. Senate passed the Trade Facilitation and Trade Enforcement Act and President Obama is expected to sign the legislation this week. A key provision in the Act eliminates the “consumptive demand...more

New U.S. Trade Law Exposes Importers to Duty Evasion Allegations and Targets Currency Manipulation, Among Other Changes

This week Congress amended U.S. customs law to create new risks and opportunities for companies importing goods into the United States. Most significantly, the Trade Facilitation and Trade Enforcement Act (TFTEA) will...more

Certain Illinois Employers Now Required to Post Human Trafficking Helpline

A new Illinois state law requires certain employers to post notices informing employees and other members of the public of a helpline to assist any person who is subject to human trafficking. This law, effective January 1,...more

The Fair Labor Standards Act Statute of Limitations Limits Employer Liability: Except When It Doesn't

About a year ago, the United States Court of Appeals for the Fourth Circuit held in Cruz v. Maypa, 773 F.3d 138 (4th Cir. 2014), a decision that has received little attention, that an employer covered by the Fair Labor...more

Corporate Defendants Find a Safe Harbor in California Transparency Litigation

A District Court judge in California has dismissed a complaint against Nestlé USA Inc. and Nestlé Purina Petcare Co. (together “Nestlé”) which argued that the company was obligated to inform consumers that seafood in its...more

Reaffirming an Everyday Commitment to Anti-Human Trafficking Measures

Yesterday, on Jan. 11, we observe National Human Trafficking Awareness Day. It was so designated in 2007, when the U.S. Senate affirmed the nation’s commitment to eliminating human trafficking globally. Further, each year the...more

Knockout in Round One: Court Dismisses California Supply Chains Act Class Action

The first round goes to the industry: on December 9, 2015, the Central District of California dismissed the complaint in Barber v. Nestle USA, a key bellwether case in a new wave of class action litigation related to...more

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