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Due Diligence Employer Liability Issues

Fisher Phillips

Guide Through The Mexican M&A Labyrinth: Top 10 Labor and Employment Considerations for Foreign Investors

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Una versión en español de esta Insight está disponible haciendo clic arriba. For foreign companies contemplating a merger with or acquisition of a Mexican company, understanding the labor landscape is crucial. Mexico’s...more

Littler

Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

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In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under...more

Seyfarth Shaw LLP

Global Trends CEOs Can’t Ignore: The New Era of Harassment Prevention

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Workplace sexual harassment prevention is undergoing a seismic transformation, and global legislators’ expectations of employers are increasingly moving from reactive to proactive measures....more

Jones Day

Pay Equity and Transparency: Expanding Obligations for U.S. Employers with EU Operations

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The Situation: While U.S. states continue to legislate pay equity and transparency obligations, significant changes are on the horizon in the European Union that will impact U.S. companies with sizeable operations there. The...more

Littler

South Korea Proposes Mandatory Human Rights Due Diligence Obligations on Employers

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On September 1, 2023, lawmakers in South Korea proposed a bill entitled the “Act on Human Rights and Environmental Protection for Sustainable Business Management” (the “Bill”) to the National Assembly. This Bill aims to...more

Ius Laboris

ESG update: South Korea

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In this article we look at this year’s ESG trends from a South Korean perspective. What impact can we expect from international reporting measures? And what local measures are being considered?...more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Schwabe, Williamson & Wyatt PC

Thinking About Selling Your Ag Business? Time to Get Your I-9s in Order

The past two years have seen significant growth in the number of mergers and acquisitions nationwide with many agriculture and farming business owners choosing to liquefy their assets and move on. At the same time, employers...more

Sheppard Mullin Richter & Hampton LLP

Buyer Beware: Tenth Circuit Issues Decision Emphasizing Critical Need for Employment Diligence

A recent decision from the Tenth Circuit Court of Appeals highlights some of the pitfalls of entering into commercial transactions without conducting thorough employment diligence – even in the asset purchase context....more

Morgan Lewis - ML Benefits

Ready for a Sale? Part 1: Prepare Executive Compensation Arrangements and Employee Benefit Plans

In light of the active M&A market, we think this spring could be an ideal time for companies to evaluate the order of their executive compensation arrangements and employee benefit plans, particularly companies that are...more

McAfee & Taft

Buying a business? Don’t buy an employment lawsuit

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When acquiring a business, companies sometimes unwittingly buy an employment lawsuit. Recently, the 10th Circuit – the federal appeals court that applies to Oklahoma employers – explained when a successor business can be held...more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Case Points Out the Need for Employment Due Diligence in Merger and Acquisition Deals

We once had a client opine that he was looking to acquire a new business and not a lawsuit to go along with it. The risk of buying a company with poor human resource practices or pending claims should make review of labor...more

Littler

U.S. Enacts Law Barring Products Made with Forced Labor in China

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On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (the “Act”), which bars the importation into the United States of products made from forced labor in the Xinjiang region of...more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

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Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

Morgan Lewis

EU Guidance for Businesses on Forced Labour Corporate Due Diligence

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The European Commission and the European External Action Service issued Guidance on Due Diligence for EU Businesses to Address the Risk of Forced Labour in Their Operations and Supply Chains (Guidance) on 12 July as a guide...more

Spilman Thomas & Battle, PLLC

Doing a Deal? Include your Labor and Employment Lawyer

While engaging a talented corporate transactional lawyer is critically important to the success of a merger, sale or acquisition, a lesser-known -- but integral -- part of the transaction team should be a skilled labor and...more

Hogan Lovells

EU issues guidance for businesses on forced labour due diligence

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On 12 July 2021, the European Commission and European External Actions Service published Guidance on Due Diligence for EU Businesses to Address the Risk of Forced Labour in their Operations and Supply Chains, which provides...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 117: The Critical Nature of Labor & Employment Diligence in Corporate Transactions with Kevin Cloutier and Shawn...

From due diligence to post-acquisition, there are various labor and employment issues that businesses should pay attention to in order to ensure smooth corporate transactions and integrations. Employee classifications and...more

Seyfarth Shaw LLP

The challenge of compliance

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Almost daily, we read about employer failure to comply with award or enterprise agreement obligations. Opportunistically and in keeping with the sport of “business bashing”, the failure is termed “wage-theft”, as if to brand...more

Latham & Watkins LLP

No-Poach Prosecutions: A Growing Problem for M&A Deal Teams?

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M&A deal teams should take note of heightened scrutiny of HR and employment practices by antitrust enforcers in the US and Europe. No-poach, non-solicitation, and wage-fixing agreements - arrangements between companies...more

Epstein Becker & Green

EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade...more

Society of Corporate Compliance and Ethics...

Compliance Perspectives: Supply Chains, Human Trafficking and Modern Slavery

Matthew Friedman is the CEO of The Mekong Club, an organization supporting the private sector in the fight against modern slavery. Previously he worked for the United Nations Inter-Agency Project on Human Trafficking and US...more

Foley & Lardner LLP

A Look Ahead: Forecasting the Top Legal Issues Facing In-House Counsel in 2020

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In this ever-changing economy, businesses are facing new, unique legal questions and challenges now more than ever. On November 21, 2019, Vanessa Miller and Nick Ellis of Foley & Lardner LLP, along with The Association of...more

Tucker Arensberg, P.C.

Commonwealth Court Grants Over Four Years of Additional Back Pay to A Teacher, Overturning Pennsylvania Secretary of Education on...

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Vladimirsky v. School Dist. of Phila., 206 A. 3d 1224 (Pa. Commw. Ct. 2019).  The Pennsylvania Commonwealth Court overturned a finding of the Pennsylvania Department of Education that teacher did not exercise reasonable due...more

Proskauer - California Employment Law

EEOC Has Begun Denying Employers’ Requests For Extensions Of Time To Respond To Discrimination Charges

What used to be a routine request – asking the Equal Employment Opportunity Commission (EEOC) for an extension of time when responding to a charge of discrimination or harassment and assuming extra time would be granted –...more

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