We’re pleased to share Baker McKenzie’s US Employment & Compensation Law Digest 2018/2019. The Digest outlines recent developments in US law relevant to employers and provides insight on global trends in gender pay, #MeToo, business change, and the modern workforce. In short, it’s an invaluable resource for Canadian companies with operations in the US and/or internationally.
The US Transportation Security Administration has announced that by 3 AM EDT on March 25, 2017, passengers on flights to the US from 10 specific airports will be required to check any electronic devices larger than a smartphone. The affected airports are all in North Africa and the Middle East, and include some of the most frequently used airports among international business travelers. As a result, employees who might otherwise plan to work on the plane will be limited to those tasks that can be performed either from their phones or on paper. Employers should communicate these restrictions to employees who travel internationally so they can be better prepared. For further information, read here.
While President Trump’s Executive Order temporarily banning certain foreign nationals from entry into the United States is dominating the headlines these days, employers who have employees with US passports now have something else to worry about. Under a 2015 law, the State Department has the right to revoke a US taxpayer’s passport for nonpayment of delinquent Federal taxes. The Internal Revenue Service (IRS) recently published guidance to provide an understanding of how the law may apply in practice. For our analysis of the IRS guidance and our recommended actions for employers, read 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.
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
Canadian businesses with operations in the United States should be aware that the US Equal Employment Opportunity Commission (“EEOC”) recently unveiled its amended proposal to collect summary pay data from employers with 100 or more employees. Under the proposed amendments, employers who already file an Employer Information Report (EEO-1) will be required to also report pay to US employees by gender, race, and ethnicity, across 12 pay bands, by March 31, 2018. Covered employers should start considering now how to adjust their pay, collection, and reporting processes for their US operations.
To learn more about the proposed regulation’s impact on employers, please click here.
Since the highly anticipated overtime rule was announced on May 18, 2016, the U.S. Department of Labor’s changes have been top of mind for Canadian businesses with operations in the U.S., and our clients have reached out to us with a number of questions regarding the Final Rule’s impact on their organizations. In this podcast, we address the most common questions clients have asked Baker & McKenzie, and we provide our recommendations for the steps employers should take to comply. Follow this link to listen to the podcast.
For further information on the Final Rule, please see our earlier post.
The first half of 2016 has already brought significant developments in employment law in the United States, triggering changes that companies with operations in the US must implement and plan for now. From final Department of Labor regulations increasing the salary requirements for exempt employees, to the new federal trade secrets law that will require updates to confidentiality agreements, in-house counsel and HR professionals have to develop best practices and strategies to navigate and comply with several new initiatives today. How can you help “save the day” for your company?
Canadian businesses with operations in the United States should be aware of recent and significant changes to the overtime rules. Yesterday, the US Department of Labor (DOL) published the long-awaited amendments to the “white collar” exemptions for executive, administrative, and professional employees, as well as the provision governing highly-compensated employees. The Final Rule significantly increases the minimum salary an employee must earn to qualify for a white collar exemption and for the highly compensated employee exemption under federal law. The increased minimum salary must be implemented by December 1, 2016, which gives employers approximately 200 days to prepare for and comply with the Final Rule. Continue Reading US Department of Labor Publishes Final Overtime Rules