International Employment Law: A 2012 Perspective
In a fast-paced economic environment where companies work and compete across borders, employment law is no longer considered to be a local issue. As such, employers must be up-to-date regarding the latest standards worldwide to minimize risk and avoid employment-related legal challenges.
The Knowledge Group has assembled a panel of distinguished experts to provide an in-depth discussion of the significant topics in the mix including:
- Standards Across Borders for Hiring and Firing
- Expatriate Arrangements
- Global Codes of Conduct, Ethics Code, Diversity Issues and Other Global HR Policies
- Employment Litigation
- Cross Border Outsourcing
- Best Practices and Regulatory Updates
Johan Lubbe, Shareholder and U.S. Practice Co-Chair, International Employment Law,
Littler Mendelson P.C.
- International employment law – what does it mean?
- Which law applies? (and deferring to Bill Milani to cover extraterritorial application of federal anti-discrimination laws)
- Foreign culture and law: the challenges for judges (recent Canadian case)
- Round-up of recent significant statutory changes in key foreign jurisdictions
- Austerity measures in Italy and Spain; significant changes to Labor Codes
- Mexico – a new government and a new federal Labor Code
- The evolving law of inappropriate workplace behavior – from discrimination to protection of employees’ dignity
- From discrimination comparator to broad based protection of dignity
- Broader protected categories
- Workplace bullying
- Hair color – “gingerism”
- Sexual harassment – new developments overseas
- Countries with comprehensive laws
- India – national legislature finally proposed a Bill in 2012
- Data privacy laws – impact on human resource information (time permitting)
James E. Gregory, Partner,
- Structuring an international assignment
- New Employment Agreement
- Dual-Employment or Service Contracts
- Provisions to consider in relevant agreements
- Management and Control
- Expatriate Benefits
- Tax Equalization
- Choice of Law
- Termination and repatriation (including post-employment covenants)
- Notice Periods and Severance
- Post Employment Covenants (Non-Competes, etc.)
Anne Marie Lofaso, D.Phil., J.D., A.B., Associate Dean for Faculty Research and Development, Professor of Law,
West Virginia University College of Law
What are corporate codes of conduct, codes of conduct for multinational corporations, global ethics codes, and global diversity and inclusion standards? How do they differ? What are best practices? What are their legal effect?
Carson G. Burnham , Chair, International Practice Group,
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Vehicles for avoiding employment relationships such as service provider agencies and permissible independent contractor arrangements are disappearing + misclassification risks
- What multinational employers need to know about permanent establishment
- Choice of law clauses – pitfalls and recommendations
Matthew W. Hoyt, Partner,
- General overview of global immigration issues
- Employing foreign nationals in the U.S. (visa and “green cards”)
- “Outbound” immigration issues (Europe, Canada, Mexico, South America, and the Far East)
Dr. Stephanie Plancich, Vice President,
NERA Economic Consulting
WAGE AND HOUR LITIGATION IN CANADA: USE OF STATISTICS IN CLASS CERTIFICATION ANALYSES
Three wage and hour class action lawsuits in Ontario, Canada were recently heard by the Ontario Court of Appeal. In its judgments, released in June 2012, the Court allowed certification in two of the three cases – against Bank of Nova Scotia and CIBC – and denied certification of the class against CN Railway. In the two certified cases, the Court found that there was sufficient commonality across the proposed classes related to overtime policies, so that the liability could be evaluated on a class-wide basis. On the other hand, in the case claiming employee misclassification against CN railway, the Court found that individual issues predominated and that no commonality had been established.
To reach each of these decisions, the Court evaluated specific factors about the nature of the positions and policies at each company. Economic and statistical analysis can aid in the evaluation of such job characteristics, to determine if factors such as job responsibilities, patterns of alleged overtime work, and impact of company policies are common across proposed class members. It may be possible to identify variability within the proposed class by characteristics such as job title, region, shift or supervisor. Electronic employment records can be used in such statistical analysis, and can be supplemented with other sources of electronic, hard-copy and survey data, though care must be taken in the interpretation and merging of such alternative data sources.
William J. Milani, Member of the Firm,
Epstein Becker & Green, P.C.
- Discrimination claims by locally hired employees of foreign-owned companies doing business in the United States
- Potential liability of the foreign-owned parent company for personnel decisions made by its subsidiary in the United States
- The extraterritoriality of United States employment laws
Who Should Attend:
- General Counsel
- Outside Counsel for U.S. and Overseas-Based Multinationals
- In-house International and Labor counsel
- Human Resources Professionals
- Senior Management
Recognized as a leading international employment lawyer, Johan Lubbe provides strategic advice and counseling to multinational employers on a wide range of global employment law, labor relations, human resources, and data privacy matters. Johan also regularly advises foreign companies that do business in the U.S. on the requirements of U.S. workplace law. He is a frequent speaker on workplace law and data privacy issues and the author of numerous publications.
Johan has guided U.S. multinational employers on the intricacies and compliance requirements of multiple-jurisdiction employment and labor law matters, such as:
- Global mobility policies and secondment agreements
- Global employee handbooks, codes of conduct, hotlines and HR policies, including anti-bribery
- Multi-country audits of workplace laws and practices, and strategic compliance advice
- Data privacy laws affecting global Human Resources Information Systems (HRIS) and other cross-border HR data transmissions
- Employment and labor law issues pertaining to cross-border mergers and acquisitions, restructurings, reductionsin- force, and office closings, including information and consultation obligations with employee representatives and works councils
- Cross-border trade union matters, including corporate campaigns and complaints with the OECD
Johan frequently represents employers in proceedings in court, government agencies, such as the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board, concerning discrimination, whistleblowing, retaliation and unfair labor practice matters. He also represents employers in arbitration hearings involving “just cause” discharges under collective bargaining agreements with unions and the termination of executives under employment contracts. He counsels employers regarding compliance with their obligations under the array of workplace laws.
Recognized as a leading international employment lawyer, Johan Lubbe provides strategic advice and counseling to multinational employers on a wide …
James E. Gregory is a Partner in Proskauer’s Employee Benefits & Executive Compensation Group and a member of the International Labor & Employment Law Group. James has broad experience in structuring cross-border employment agreements, equity compensation, performance incentives, deferred compensation, change in control protections, management participation in buyouts and new ventures and severance and separation arrangements. His clients include private and public global companies, private equity and hedge funds, CEOs and other senior executives, portfolio managers and entrepreneurs seeking advice on a wide variety of cross-border executive compensation, tax and related legal matters, including the laws governing limited liability companies. He advises both employers and employees on the enforceability of non-compete and non-solicit agreements and other post-employment restrictive covenants. James is a Member of the Steering Group for the International Employment Law Committee of the ABA Section of International Law.
James E. Gregory is a Partner in Proskauer’s Employee Benefits & Executive Compensation Group and a member of the International …
Anne Marie Lofaso is Professor of Law and Associate Dean for Faculty Research and Development at the West Virginia University College of Law, where she teaches Labor Law, Employment Law, Comparative and International Work Law, and Socioeconomics. Professor Lofaso writes primarily in the areas of labor law, comparative/international labor law, and mine safety and health. She is a prolific author of scholarly articles, policy papers, and popular pieces.
Her articles have been published in a variety of law reviews including the Harvard Law and Policy Review. She is also a co author on MODERN LABOR LAW IN THE PRIVATE AND PUBLIC SECTORS: CASES AND MATERIALS (with Seth Harris, Joseph Slater, and David Gregory) (LEXIS publishing, forthcoming 2013). Her current research focuses on the question whether empirical studies and/or jurisprudential rationales justify raising the statutory floor of employment rights or encouraging the practice of collective bargaining. She is a contributing editor to the online journal Jotwell (reviewing labor law articles); a senior editor of an international labor law treatise; and a contributing editor for a major labor law treatise.
Before entering teaching, Lofaso was a senior attorney with the National Labor Relations Board’s Appellate and Supreme Court Branches for ten years and a law clerk for the Hon. James L. Oakes, US Court of Appeals for the Second Circuit. Lofaso earned her A.B., magna cum laude, Harvard University, J.D., University of Pennsylvania, and D.Phil., University of Oxford.
Anne Marie Lofaso is Professor of Law and Associate Dean for Faculty Research and Development at the West Virginia University …
Ms. Burnham chairs the International Practice Group of Ogletree Deakins, serving as a shareholder based in the firm’s Boston office. In this capacity, Ms. Burnham represents clients in managing all aspects of global employment matters, providing solutions that address labor issues across multiple jurisdictions. Ms. Burnham’s expertise includes counseling in all aspects of setting up and managing a foreign workforce, administration and drafting of Global Mobility arrangements, negotiating contracts, resolving foreign employment disputes, representing employers in negotiations and consultations with works councils and employee representatives, and managing foreign litigation. Ms. Burnham oversees the firm’s 21 member International Practice Group, which offers clients these solutions across the country in partnership with its Immigration Department and international mobility service provider, Emigra Ogletree Worldwide. In addition, Ms. Burnham works closely with a network of attorneys across the globe who, together, provide seamless service to Ogletree’s clients – resolving issues with the passionate advocacy and commitment to service that clients deserve and expect.
Ms. Burnham chairs the International Practice Group of Ogletree Deakins, serving as a shareholder based in the firm’s Boston office. …
Matt Hoyt focuses his practice on representing management clients in employment litigation and immigration matters. Matt’s litigation experience has included successful jury trials, labor arbitrations, appellate proceedings before federal and state appellate courts, and administrative proceedings before the Equal Employment Opportunity Commission and state civil rights agencies. Matt also frequently counsels employers on compliance with workplace laws and regulations, such as the Family Medical Leave Act, the Americans with Disabilities Act, and the Fair Labor Standards Act. <p></p>
<p> Matt’s immigration experience includes successful advocacy on behalf of Fortune 500 companies, smaller local companies, and numerous individuals in employment-related immigration matters throughout the United States. He has prepared successful petitions for permanent residency (“green cards”) and a variety of temporary work visas (H-1B, H-2B, L-1, TN). In addition, Matt frequently counsels employers on I-9 and E-Verify compliance.</p>
Matt Hoyt focuses his practice on representing management clients in employment litigation and immigration matters. Matt’s litigation experience has included …
Dr. Plancich received her B.Sc. in Economics from the London School of Economics, University of London, and her Ph.D. in Economics from the Massachusetts Institute of Technology. At MIT, Dr. Plancich taught undergraduate courses in microeconomics and macroeconomics.<p></p>
<p> Dr. Plancich is a member of the Securities and Mass Torts group at NERA, and has worked on a number of projects in the Labor and Employment Practice. In all these practice areas, she has analyzed issues relating to class certification. Specifically in the Labor Practice, she has worked on class certification and damages analyses related to “wage and hour” litigation, determining if compensation and rest breaks had been properly received. She has also analyzed issues of potential discrimination in promotions, pay, and terminations. She has estimated the value of lost wages assuming improper termination or personal injury. Her analyses frequently form the basis for expert testimony.</p>
<p> Dr. Plancich’s graduate work was focused in the fields of labor economics and public finance, and her dissertation concentrated on issues of taxation for mutual funds. A section of her dissertation, “Mutual Fund Capital Gain Distributions and the Tax Reform Act of 1997,” was published in the National Tax Journal in 2003.</p>
Dr. Plancich received her B.Sc. in Economics from the London School of Economics, University of London, and her Ph.D. in …
WILLIAM J. MILANI is a Member of the Firm in the Labor and Employment practice, in Epstein Becker Green’s New York office. He heads the firm’s International Employment Law Group and is Vice Chairman of the firm’s Board of Directors. Mr. Milani is actively engaged in the private practice of labor and employment law exclusively on behalf of multinational and domestic corporations, with particular experience representing clients in the financial services industry. Mr. Milani is on the adjunct faculty of the Cornell University School of Industrial and Labor Relations, where he teaches courses concerning human resources and the law. He has lectured extensively throughout the United States and overseas and has authored numerous publications on employment law issues. Mr. Milani is included in Best Lawyers in America (2009-2012) and New York Super Lawyers (2011).
WILLIAM J. MILANI is a Member of the Firm in the Labor and Employment practice, in Epstein Becker Green’s New …
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West Virginia University College of Law
About Littler Mendelson P.C.
With more than 900 attorneys and 56 offices, Littler Mendelson is the largest U.S.-based law firm exclusively devoted to representing management in employment and labor law matters. As the only U.S. member of the Ius Laboris global alliance, Littler has extensive resources to address the global needs of clients, from navigating foreign employment laws and international labor relations issues to applying corporate policies on a global basis. Given our singular focus in the area of labor and employment law, many Littler attorneys have spent their careers cultivating full-time practices solely devoted to employment law subspecialties, such as international employment and labor law, class action prevention and litigation, immigration and global migration, unfair competition and trade secrets, labor relations, privacy and employee benefits. Preventative programs such as class action audits help employers to correct problems before they develop into costly and time-consuming lawsuits. And our commitment to using state-of-the-art technology enables attorneys and staff to share vital knowledge with clients and each other at a moment’s notice across multiple time zones.
Proskauer is a leading global law firm with more than 700 lawyers. Headquartered in New York since 1875, we have offices across the U.S. and a strong presence in the UK, France, Brazil and China. Our practice is diverse and interdisciplinary, ranging from complex, cross-border transactions to high-stakes litigation, representing many of the world’s prominent businesses, financial institutions, investment funds, not-for-profit institutions, governmental entities and other organizations or individuals in their most critical matters. Dubbed a “powerhouse” by Chambers USA, which also named us the winner of its prestigious 2012 “Award for Excellence,” Proskauer’s Labor & Employment Law Department is one of the world’s strongest practices, with over 160 lawyers. We field highly experienced teams covering every aspect of labor and employment law, from traditional labor-management relations disputes and employment counseling to the complex field of class and collective actions.
About West Virginia University College of Law
About Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Today’s employers are faced with myriad federal and state laws and regulations that govern the workplace. In order to comply with these laws and to provide a positive workplace, employers must dedicate tremendous resources to labor and employment law issues. At Ogletree Deakins, our 600 lawyers in 42 offices around the United States work daily with employers in connection with their workplace needs. From traditional labor issues, to employment litigation, to workplace safety, to employee benefits and other areas, Ogletree Deakins has experienced professionals in all areas of labor and employment law who provide efficient, client-focused service to our clients. Our labor and employment law practices are complemented by thriving practices in immigration, construction, and environmental law, and commercial litigation.
International Labor and Employment Solutions
At Ogletree Deakins, we understand that our clients’ employment issues often are not isolated to one state, country or region of the world. Our International Practice Group facilitates business growth by helping to centralize our clients’ employment, human resources and compensation practices. We offer cross-border solutions to today’s key challenges arising out of managing a global workforce, as well as assistance to growing businesses involved in foreign transactions for the first time. We pride ourselves on providing practical business solutions to complex employment issues in an efficient and cost-effective manner.
BakerHostetler, one of the nation’s largest law firms, represents clients around the globe. With offices coast to coast and more than 800 lawyers, clients count on BakerHostetler to help them grow and protect their businesses in a complex business and regulatory environment.
BakerHostetler has five core practice groups: Litigation, Business, Employment, Intellectual Property and Tax. Within these groups are several large specialty practices, including antitrust, bankruptcy, health care, energy, middle market M&A, complex commercial litigation, data privacy and security, patent prosecution and international tax. Our attorneys have broad knowledge and experience in many industries, including energy, media, manufacturing, healthcare, financial services and insurance, consumer products, and hospitality.
At BakerHostetler we distinguish ourselves through our commitment to the highest standard of client care. By emphasizing an approach to service delivery as exacting as our legal work, we are determined to surpass our clients’ expectations.
For more information, visit www.bakerlaw.com>
About NERA Economic Consulting
NERA Economic Consulting (www.nera.com) is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. For half a century, NERA’s economists have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world’s leading law firms and corporations. With its main office in New York City, NERA serves clients from more than 20 offices across North America, Europe, and Asia Pacific.
About Epstein Becker & Green, P.C.
Epstein Becker & Green, P.C., founded in 1973, is a national law firm with approximately 300 lawyers practicing in 11 offices, in Atlanta, Boston, Chicago, Houston, Indianapolis, Los Angeles, New York, Newark, San Francisco, Stamford, and Washington, D.C. The firm is uncompromising in its pursuit of legal excellence and client service in its areas of practice: Health Care and Life Sciences Labor and Employment,litigation.Corporate Service andEmployee Benefits. Epstein Becker Green was founded to serve the health care industry and has been at the forefront of health care legal developments since 1973. The firm is also proud to be a trusted advisor to clients in the financial services and hospitality industries, among others, representing entities from startups to Fortune 100 companies. Our commitment to these practices and industries reflects the founders’ belief in focused proficiency paired with seasoned experience. For more information, visit www.ebglaw.com.