News & Analysis as of

Forced Labor

CBP Updates Regulations to Eliminate Consumptive Demand Exception to Prohibition on the Importation of Goods Made with Forced...

On June 8, 2017, Customs and Border Protection (“CBP”) published a final rule that removes the consumptive-demand exception from its regulations that implement the prohibition on the importation of merchandise that has been...more

Human Trafficking and Smuggling – A Compliance Requirement

by Michael Volkov on

The problem of human trafficking and smuggling is staggering when you consider the human impact behind the numbers. Human trafficking is a $30 billion industry annually. There are more people in slavery today than at any time...more

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

by Littler on

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

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

by Littler on

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

U.S. Customs and the New Trump Administration: Your Top Ten Questions Answered

by Foley & Lardner LLP on

During the campaign, U.S. Customs & Border Protection (CBP) was mostly mentioned by President Trump in the context of illegal immigration. Controlling the flow of people, however, is only one of the jobs of CBP, which is part...more

Litigation Update: Plaintiffs Survive Motion to Dismiss in Case Involving Claims of Forced Labor in Corporate Supply Chains

January 11 2017 is National Human Trafficking Awareness Day, and therefore a good time to revisit some recent litigation developments. On November 9, a date on which most of the American media was focused on the Presidential...more

A "force" to be reckoned with: 1307 practice and the US prohibition on goods made with forced labor

by DLA Piper on

Since 1930, 19 U.S.C. 1307 prohibited importation of goods made wholly or partly by convict forced, or indentured labour under penal sanctions, and US Customs and Border Protection (CBP) was charged with enforcing this law....more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - December 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: IHRB’s annual list of the Top 10 business and human rights issues...more

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

by Perkins Coie on

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

by Perkins Coie on

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

by Littler on

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

by Littler on

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

by Dentons on

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

by Fisher Phillips on

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

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