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Special thanks to our summer associate Daniel Dai for contributing to this update.

British Columbia’s Pay Transparency Act, which received royal assent on May 11, 2023, imposes pay disclosure and reporting obligations on both public and private sector employers to address systemic discrimination in the workplace. It is the latest in a series of new pay transparency laws across Canada.

This push for more transparency to bridge the pay gap for historically disadvantaged groups is a global trend. In the United States, 8 states, including California, Colorado and Washington, along with cities like New York City, have recently adopted salary disclosure laws. There is also pending legislation at the federal level—the Salary Transparency Act—that would require all job postings to include the wage or wage range for a position. Similarly, the European Parliament approved the Pay Transparency Directive in March 2023, which is set to enter into force in 2024. Among other things, this Directive establishes a right to certain pay information and imposes pre-employment pay disclosure obligations on both public and private sector EU employers.

Recent Canadian Developments

Continue Reading The Legislative Push for Pay Transparency in Canada Mirrors Global Trend
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On May 31, 2023, Immigration, Refugees, and Citizenship Canada (IRCC) announced a significant change in the Express Entry application management system. They will now conduct category-based selection draws to provide more opportunities to skilled workers in specific occupations who may not otherwise receive an Invitation to Apply (ITA) for permanent residence. This change aims to support individuals working in Canadian industries facing or expected to face labour shortages.

Background

The Express Entry system operates on a points-based system, where applicants earn points for personal characteristics including age, language ability, education, work experience (both inside and outside Canada), and arranged employment in Canada.

However, even with attributes like work experience and strong language skills, some individuals may not have enough points to receive an ITA for permanent residence. Consequently, eligible candidates remain in the candidate pool without the ability to submit an application. To address this, IRCC is introducing targeted draws to assist skilled workers in high-demand occupations who have a lower points score. This change provides more predictability for Canadian businesses in specific industries to invest in foreign talent, while reducing the burden and costs associated with ongoing work permit extensions and compliance administration.

What’s changing

Category-based selection draws will initially focus on industries with the highest demand, such as STEM occupations and healthcare professions, which are already experiencing widespread labour shortages expected to worsen due to increasing retirement rates.

Continue Reading Addressing labour shortages in Canada through changes to Express Entry
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Special thanks to authors Arlan Gates and Justine Johnston.

The Canadian Competition Act was recently amended to, among other things, criminalize wage-fixing and no-poach agreements between unaffiliated employers1. Following a one-year grace period that permitted Canadian employers to ensure they are in compliance, the criminal prohibition will come into effect on June 23, 2023. 

Introducing a criminal prohibition against wage-fixing and no-poach agreements between employers brings Canadian competition law in line with other jurisdictions, including the United States, that already prohibit certain labor related agreements2. However, the Canadian prohibition as well as the Competition Bureau’s approach to enforcement, which all businesses operating in Canada should be aware of.

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With special thanks to co-presenters Agnes Won,  Pamela Mafuz and Tony Haque.

In our latest Global Immigration and Mobility Video chat, our on-the-ground immigration and mobility attorneys explore the impact of geopolitical changes to immigration and mobility of employees in the EMEA region. 

Click here to watch the video.

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Proud to share that Jennifer Bernardo was recently spotlighted in Precedent Magazine. Jen is a stellar advocate for her clients and, in this profile, she shares how her office is an extension of her life, filled with items that help her thrive in her litigation practice.

The article is accessible here.

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With special thanks to our presenters Benjamin Ho (United States),  Matías Herrero (Argentina), Leticia Ribeiro (Trench Rossi Watanabe, Sao Paulo*), Maria Cecilia Reyes (Colombia) and Liliana Hernandez-Salgado (Mexico).

In this session, US-based multinational employers with business operations in the Americas region hear directly from Benjamin Ho and local practitioners on the major developments they need to know, and come away with practical tips and takeaways to implement.

Please click here to view a recording of the webinar highlighting the Americas.

Click here to view the program details and to watch recordings of any sessions you may have missed.

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Special thanks to co-authors Julia Webster and Jing Xu, and contributor Oscar Ramirez (articling student in our Toronto office).

This article provides an overview of the global rise in human and labor rights legislation linked to trade measures and how this impacts the consumer goods and retail industry.

We examine:

  • Canada’s efforts to enforce the existing import prohibitions on goods mined or manufactured with forced labor under the Customs Tariff
  • Compliance under the recently passed Bill S-211, Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff, which comes into force on 1 January 2024
  • The need for organizations doing business in Canada to develop compliance measures on the import prohibition under the Customs Tariff, the new reporting requirements under Bill S-211, and the importance of continuing enterprise and supply chain scrutiny.

Click here to access full alert.

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We are pleased to share a recent Canadian HR Reporter article, “What do employers in Quebec need to know about new OHS rules?,” with insight from Ajanthana Anandarajah.

The article discusses new rules and policies employers need to follow now that remote workers are legally recognized in Quebec. Updates include remote work recognition, new hazard identifications and protection plans.

The article is accessible here.

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Special thanks to co-authors, Krissy Katzenstein, Brad Newman, Robin J. Samuel, and Julia Wilson.

Amid recent hype around ChatGPT and generative artificial intelligence (AI), many are eager to harness the technology’s increasingly sophisticated potential.

However, findings from Baker McKenzie’s 2022 North America AI survey indicate that business leaders may currently underappreciate AI-related risks to their organization. Only 4% of C-suite level respondents said they consider the risks associated with using AI to be “significant,” and less than half said they have AI expertise at the board level.

These figures spotlight a concerning reality: many organizations are underprepared for AI, lacking the proper oversight and expertise from key decision-makers to manage risk. And if unaddressed, organizational blind spots around the technology’s ethical and effective deployment are likely to overshadow transformative opportunities while causing organizations to lose pace with the explosive growth of the technology.

Click here to continue reading this article.

Original article published in World Economic Forum.

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Special thanks to Jose (Pepe) Larroque, Salvador Pasquel Villegas, and Martha Mayorga-Luna.

“Nearshoring” in Mexico is a hot topic for multinational companies considering moving business and manufacturing closer to home. COVID-19-era global supply chain disruptions and changes to the global economy are causing companies to reexamine their sourcing options and relocating to Mexico has much appeal. According to an analysis by the McKinsey Global Institute, in 2021, American investors put more money into Mexico – buying companies and financing projects – than into China. 

Our team is advising on both the business opportunities and the potential challenges from an employment perspective when transferring business services and production to Mexico. 

In this Quick Chat video, our Labor & Employment lawyers along with the Managing Partner for Baker McKenzie’s Mexico offices discuss key nuances of the new labor subcontracting laws in Mexico, the current labor collective environment, considerations for companies operating under an IMMEX Program, and more. Listen in for practical tips to navigate this new business horizon. 

Click here to watch the video.