President Joseph R. Biden Jr.’s flurry of executive actions upon his inauguration into office signals diversity, equity, and inclusion (DE&I) as a significant area of focus for the administration. As of January 26, 2021,...more
COVID-19 continues to cause significant restrictions in many areas around the world, including workplaces: Employees are working in remote settings, they no longer share tools and supplies, partitions separate workspaces,...more
Some anticipate that President-elect Joseph Biden will revoke the Trump administration’s Executive Order (EO) 13950 that restricts the content of certain diversity-related workplace trainings. On December 22, 2020, the United...more
1/4/2021
/ Biden Administration ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Due Process ,
Executive Orders ,
Free Speech ,
OFCCP ,
Preliminary Injunctions ,
Racial Bias ,
Sexual Stereotyping ,
Trump Administration ,
Whistleblowers
On October 29, 2020, the National Urban League and the National Fair Housing Alliance (represented by the NAACP Legal Defense and Education Fund, Inc.) filed a complaint challenging the constitutionality of Executive Order...more
11/3/2020
/ Class Action ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Contractors ,
Fifth Amendment ,
First Amendment ,
Injunctive Relief ,
LGBTQ ,
NAACP ,
OFCCP ,
OMB ,
Protected Activity ,
Secretary of Labor ,
Trump Administration
Amidst the pandemic, China introduced a civil code - its first ever compilation of civil laws detailing the rights of private parties. The code’s attention to sexual harassment provides another important reminder that even as...more
What role can mobile technology play in a global employer’s return-to-workplace strategy? Employers exploring mobile apps to comply with new safety directives (for example, to facilitate contact tracing, symptom...more
Now that the U.S. Equal Employment Opportunity Commission (EEOC) acknowledges that employers may implement temperature screening measures in response to the current COVID-19 pandemic, many employers want to conduct them, and...more
An employer’s response to COVID-19 involves numerous privacy issues. Below are some answers to frequently asked questions (FAQs) about these issues within the United States and globally, based on laws such as the Americans...more
As a complement to our frequently asked questions (FAQ) for U.S. employers, below are some answers to frequently asked questions (FAQs) about the latest developments on the virus, guidance from applicable public health...more
3/27/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Foreign Corporations ,
Foreign Jurisdictions ,
Foreign Subsidiaries ,
Infectious Diseases ,
Multinationals ,
Risk Management ,
World Health Organization
Employers across the globe, faced with the need to reduce the risk of workplace transmission of COVID-19, may be contemplating imposing standard temperature screenings on their employees. In many jurisdictions, an employer...more
3/20/2020
/ Americans with Disabilities Act (ADA) ,
Asia ,
Canada ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
General Data Protection Regulation (GDPR) ,
Medical Testing ,
New Guidance ,
Personal Property ,
Public Health ,
State of Emergency
As coronavirus disease 2019 (COVID-19) continues to spread, employers have been trying to strike a balance between safety and privacy as they apply their own policies and attempt to follow laws such as the General Data...more
3/4/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Liability Issues ,
EU ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Public Health ,
Workplace Safety
Recognizing that Japan has entered a new phase in its fight against the spread of Coronavirus Disease 2019 (COVID-19), Japan officials announced a preemptive approach geared toward risk mitigation and slowing down the spread...more
The outbreak of the 2019 Novel Coronavirus (now designated COVID-19) caused massive disruption in China, including a nationwide extension of its Spring Festival holidays. Though February 10, 2020, was the last “public...more
Last month, Japan’s restrictions on fixed-term employment contracts took effect, and employees with at least five years of service with an employer can now be considered indefinite-term employees upon the expiration of their...more
Happy International Women’s Day! At a time when women around the globe are proudly asserting their rights to be free from discrimination and harassment at work, here is a quick rundown of some laws in the Asia-Pacific (APAC)...more
In the wake of increased international focus on karoshi—a common Japanese term meaning “death by overwork”—Japan’s government and business leaders alike agree that Japan’s “culture of overwork” is a critical issue in need of...more
International employers with operations in Asia often must undergo the cumbersome task of drafting “work rules” (essentially, a handbook) and filing them with local labor authorities—as is the practice in Taiwan, Japan, and...more
No doubt walking a difficult line in the wake of the election results, human resources professionals are tasked with cementing their companies’ position as equal opportunity employers. At the same time, female employees,...more
France is world-renowned for its protection of employees against adverse employer actions, particularly unilateral terminations. Like virtually all other countries outside the United States, France does not recognize at-will...more
7/28/2016
/ Belgium ,
Convictions ,
Corporate Counsel ,
Criminal Prosecution ,
Discipline ,
Employer Liability Issues ,
France ,
French Supreme Court ,
Hiring & Firing ,
Just Cause ,
Labor Code ,
Termination
As of April 1, 2016, the Singapore Ministry of Manpower is enforcing amendments to its Employment Act (EA), which was originally enacted in 1968 and revised in 2009. The amendments involve enhanced requirements for pay stubs,...more
Due to factors such as China’s rapid economic development, a disconnect between legislation and enforcement, the country’s historic reliance on personal connections (or guanxi) to do business, and idiosyncratic local...more
6/22/2016
/ China ,
Corporate Counsel ,
Employment Contract ,
Hiring & Firing ,
Non-Compete Agreements ,
Over-Time ,
Pay-To-Play ,
Policies and Procedures ,
Popular ,
Vacation Leave ,
Young Lawyers
In structuring their workforces abroad, taxes are a major driving force for employers—and if recent government initiatives are any indicator, employers should take care when considering the tax implications of their staffing...more
5/27/2016
/ Audits ,
Bilateral Agreements ,
China ,
Corporate Taxes ,
Federal Contractors ,
Foreign Corporations ,
Foreign Jurisdictions ,
France ,
Job Duties ,
Multinationals ,
Parent Corporation ,
Salespersons ,
Tax Treaty
In this series of blog posts, we have examined the use of independent-contractor relationships by multinational organizations. In our last three posts, we identified issues for global entities that are considering using...more
In our last two posts, we identified international legal implications of an independent-contractor relationship (Part One) and issues to consider before choosing an independent-contractor engagement (Part Two)....more
In the last installment of the “Independent Contractor or Employee” series, we discussed what laws might apply and what problems you might encounter when using an independent-contractor engagement for your multinational...more