As you know, on Friday, January 27, 2017, President Trump issued an Executive Order (EO) suspending entry into the United States of aliens from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen. The suspension will be in place for 90 days and applies to both immigrants and non-immigrants. Our colleagues in the US recently authored an article that examines the EO and its consequences. The article may be accessed here.
Join Baker McKenzie for a special 2-part webinar series that will focus on major developments in 2016 and trends to watch for in 2017 in the United States and around the globe. Drawing on the legal talent of Baker McKenzie’s employment team, the series will feature a panel of top lawyers discussing key updates. This series is a “must-view” for professionals who deal with employment matters within Canadian businesses operating outside of Canada. Register now for this complimentary webinar series! Continue Reading Upcoming Webinar – Navigating Employment Laws Where You Work: 2016 Review and 2017 Preview
Earlier this year, we wrote about the US Department of Labor’s (DOL) publication of the Final Rule, which significantly increased the minimum salary an employee must earn to qualify for the “white collar” exemption and the highly compensated employee exemption under federal law (see our blog post here). However, on November 22, 2016, a federal court in Texas blocked the enactment of the amendments that were set to go into effect next week on December 1, 2016. Finding that the DOL had exceeded its authority in increasing the salary basis for these exemptions, the court entered a nationwide preliminary injunction against the amendments going into effect.
For further information about the court’s preliminary order and our recommended actions for employers with operations in the US, please read our client alert.
In a recent decision, Merritt v. Tigercat Industries, 2016 ONSC 1214, an Ontario court held that the employer did not have sufficient cause for dismissing an employee on the basis of his pending criminal charges and allegations by another employee of potentially related conduct, where the employer had failed to carry out a proper investigation into the matter. This case underscores the need to carry out an appropriate investigation before determining that termination, or any form of disciplinary action, is merited.
The case also brings clarity to the issue of whether an employee can refuse to answer questions in a workplace investigation that pertain to criminal charges brought against him. Continue Reading The Right to Remain Silent: Employer Mishandles Workplace Investigation (and Pays for It!)
On October 6, 2016, the British Columbia Supreme Court ruled that a lawsuit by Eritrean miners, who allege they were forced to work in a mine owned by Nevsun Resources Ltd, a Canadian mining company, can proceed to trial. Vancouver-based Nevsun had argued that the case should be dismissed and that any suit should be properly heard in Eritrea. Justice Abrioux disagreed, stating that “there is sufficient cogent evidence from which I can conclude that there is a real risk that the plaintiffs could not be provided with justice in Eritrea,” thereby paving the way for an unprecedented trial in a Canadian court. Justice Abrioux stated that “claims of crimes against humanity, slavery, forced labour and torture can go forward against Nevsun.” Continue Reading BC Case Against Canadian Mining Company for Overseas Human Rights Violations to Proceed to Trial
Canadian businesses with operations in the United States should be aware that the US Department of Justice and Federal Trade Commission recently issued antitrust guidance for human resource professionals and others who are involved in hiring and compensation decisions. The guidance warns of criminal prosecution against companies, human resource professionals and other individuals for formal and informal wage-fixing or no-poaching agreements between companies. The agencies also encourage companies, human resource professionals and other individuals to quickly report antitrust violations to the Department of Justice under its Corporate and Individual Leniency Policies. To learn more about the guidance, please read our client alert. Continue Reading US Federal Agencies Issue Joint Guidance for HR Professionals Warning of Criminal Liability for Wage-Fixing and No-Poaching Agreements
Join us on Wednesday, October 26, 2016 for a live seminar at our Toronto office. In our seminar, Navigating the Compliance Minefield – Part 2: Engaging Foreign Staff, Stephanie MacIntosh and Carl Dholandas will discuss immigration compliance obligations for employers and provide guidance on how to make sure your business is inspection ready and transitioning from reactive to proactive practices. This seminar is part of our HR Hacks for a Less Complicated Workplace Seminar Series.
For the event details and to register, please click here.
School’s Back in Session! Enroll in our Global Mobility University on Thursday, November 3, 2016 to participate in a full-day, interactive learning program designed to provide international HR, immigration, employment and tax professionals with an introduction to the legal and tax considerations surrounding employee mobility. All participants will be provided with course material, including checklists and takeaways, and will enjoy a networking reception with colleagues from peer companies after the program. The Global Mobility University will have a limited enrollment to ensure an ideal environment for an interactive learning experience. Continue Reading Upcoming Conference – Global Mobility University
Last month, key elements of Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 (“Bill 132”), came into force. Employers are now required to have comprehensive policies and programs in place to address workplace harassment, along with detailed investigative procedures to be followed in response to complaints or incidents of harassment.
The latter requirement has led many employers to ask whether investigating is enough or if the employer can still be liable if the investigator gets it wrong. Continue Reading You Want Me to Do What? Guidance for the Newly-Appointed Workplace Harassment Investigator
Key elements of Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 (“Bill 132”) come into force today, amending the Occupational Health and Safety Act (“OHSA”). As a result, employers are required to implement comprehensive policies, programs, and investigative procedures to address workplace harassment. Bill 132 also expands the definition of “workplace harassment” to include “workplace sexual harassment”. Continue Reading Employers Take Note: OHSA Amendments Under Bill 132 are Now in Force!
