Even employee claims of sexual harassment that occurred before the effective date of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may end up in court. In Olivieri v. Stifel, Nicolaus & Co., the Second Circuit Court of Appeals held that acts occurring before the effective date of the EFAA
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Baker McKenzie, founded as Baker & McKenzie in 1949, is a multinational law firm. As of August 2018, it is ranked as the second-largest international law firm in the world by headcount with 13,000 employees including 6,076 fee earners and 4,700 lawyers on a full-time equivalent basis in 78 offices across 46 countries. It is the largest law firm in the United States by headcount.
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Triple Feature: SCOTUS Issues 3 Blockbuster Immigration Decisions This Summer Impacting Employers and Foreign National Employers
This summer SCOTUS published three major decisions impacting workplace immigration decisions. Two of the decisions may require employers to shift their strategies for managing foreign-national talent, and the third essentially preserves the status quo.
Below we outline the impact of the decisions on US-based employers:
1. SCOTUS strengthens the doctrine of consular nonreviewability limiting options…
British Columbia’s Court of Appeal overturns ruling on invalidity of inter-company transfers from financially distressed Bitcoin mining companies
Can a lender challenge debtors’ transactions with a parent company as fraudulent conveyances when the debtors had disclosed the transactions before the loan was advanced? In NYDIG ABL LLC v IE CA 3 Holdings Ltd, the Supreme Court of British Columbia said yes. On appeal, the British Columbia Court of Appeal in IE CA…
Supreme Court Clarifies Exceptions to Fresh Start Principle in Canadian Bankruptcies
The general rule in bankruptcy is that a debtor receives a “fresh start” and is discharged from prior debts, but this is subject to certain exceptions. Subsection 178(1) of the Bankruptcy and Insolvency Act (BIA) sets out eight classes of debts that are not released by an order of discharge including an exception for debts that arise out…
From the UK: Post-General Election Employment Law Takeaways
Last month the UK voted for a new government. The Labour party promised sweeping changes to UK employment law in its manifesto, and the King’s Speech confirmed the new government’s proposals to pursue numerous employment law reforms. Immediately following these announcements, Baker McKenzie employment partners Julia Wilson, Kim Sartin, Stephen Ratcliffe and Jonathan Tuck, and…
Summer Replay: Tune In To Our Global Employment Law Update Series (Recordings Linked!)
In June, we offered our annual Global Employment Law webinar series sharing expert insights on the business climate in major markets around the world for US multinational employers. Baker McKenzie attorneys from over 20 jurisdictions outlined the key new employment law developments and trends that multinationals need to know in four 60-minute sessions.
ICYMI: click…
PAGA Reform: A Breath of (Some?) Fresh Air for Employers
Workforce Redesign in the Age of Transparency
More than ever, organizations are feeling the pressure to disclose information from all sides – consumers, employees and regulators
Underlying this trend toward organizational transparency is a desire from stakeholders for accountability and meaningful change. But while transparency is undoubtedly a tool to achieving this, organizations will need to back information disclosure with effective governance…
Red, White and Blocked: Federal Judge Pauses FTC’s Ban on Employment Noncompetes
On the eve of the Fourth of July, the FTC rule banning most noncompetes is going up in smoke after a federal court in Texas held the US Chamber of Commerce and a tax firm are likely to prevail on their argument that the agency overstepped its authority to adopt the nationwide prohibition.
The decision…
Changes to Taxation of Stock Options and Capital Gains – Effective Immediately
Changes to the capital gains inclusion rate and the employee stock option deduction rate (as proposed in Budget 2024) will apply to stock options exercised and shares sold on or after June 25, 2024. The new measure reduces the stock option deduction and capital gains tax exemption from 1/2 of the taxable amount to 1/3 of…