In February 2019, the German Federal Ministry for Economic Cooperation and Development (“Development Ministry”) introduced a draft law (the “Draft Law”) that seeks to mandate human rights due diligence for German companies and their global business partners, including suppliers.

Human rights issues increasingly require the assistance of experienced counsel who can help employers navigate very fluid and complex legal, business and societal considerations.

Since it was established in 2014, a United Nations Inter-Governmental Working Group (“IGWG”) has met annually to develop a multilateral treaty to attempt to hold businesses legally accountable for harms that may be related to their global operations (the “Proposed Treaty”).  Littler Mendelson attorneys have provided testimony at all of these sessions.¹ The IGWG held its most recent session from October 14-18, 2019, during which certain member States of the United Nations (“States”) and other stakeholders discussed a “Revised Draft” of the Proposed Treaty.² This Revise

Rhonda Levy and Douglas Sanderson discuss a recent court decision in Canada that sheds light on how best to deal with accommodation requests.

Human Resources Director Canada

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In January 2022, the New York State Senate introduced a bill that seeks to impose significant human rights and environmental due diligence and disclosure obligations on fashion retail sellers and manufacturers operating in the state of New York.  As we reported previously, 2021 saw a number of international and regional legislative efforts to impose human rights due diligence and disclosure obligations on multinational employers.

Rhonda B. Levy and George Vassos write about a case in which a Canadian judge finally ruled on whether or not COVID laws are in breach of human rights.

Human Resources Director Canada

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National and supranational legislatures continue to develop laws requiring employers to conduct due diligence of their operations and those of their business partners in order to address human rights risks such as forced labor and child labor.  Recently, the European Union (EU), Switzerland, and Japan have rolled out such laws, described below:

EU’s Corporate Due Diligence and Corporate Accountability Directive

Rhonda B. Levy and Douglas Sanderson examine The Human Rights Tribunal of Ontario preliminary hearing to determine whether allegations made under the Human Rights Code fell within the exclusive jurisdiction of a labour arbitrator, or whether the Tribunal had concurrent jurisdiction over employment-related human rights matters in a unionized workplace. 

Human Resources Director Canada

Are employers required to conduct human rights due diligence in their global operations?

The scope and scale of many employers’ global operations and their global supply chains are expanding. This expansion has led to a greater focus on the risk of corporate human rights abuses such as forced labor, child labor, and other forms of modern slavery.

During a presentation at the 2017 SHRM Employment Law and Legislative Conference, Marko Mrkonich, Zev Eigen and Corinn Jackson discussed the risks employers face when using data analytics.

HR Daily Advisor

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Update: This law was enacted on January 20, 2024.  It goes into effect March 20, 2024.

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Alex MacDonald explains why natural labor law and principles may soon return to center stage in the legal world. 

North Dakota Law Review

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In London District Catholic School Board v.

In Ruiz Mattei v. Commercial Equipment Finance, Inc.,¹ the Supreme Court of Puerto Rico determined that claims under the Unjustified Dismissal Act² and the Workplace Discrimination Act³ are transferable to the employee’s heirs following the employee’s death.

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases proceeding through state courts and agencies.

Longer Statute of Limitations Period

Just about a year ago, in the early weeks of the COVID-19 pandemic, economic activity in many sectors went from red hot to nearly frozen, seemingly overnight.  The hospitality industry was particularly hard hit, as business and leisure travel evaporated.  Many businesses were forced to lay off workers, and California’s unemployment soared.

The Governor of Nevada recently signed into law Senate Bill 386, which is Nevada’s version of the trending “return to work” or “right to recall” laws being passed in other jurisdictions throughout the country in response to the COVID-19 pandemic.  These laws typically require that employees who were laid off due to the pandemic be given priority to be offered their former jobs before external candidates are considered.  Nevada’s law, the Nevada Hospitality and Travel Workers Right to Return Act (“the Act”), does not apply to all businesses, but generally to such businesses that were most a

Over the past few years, cities have started to implement workplace regulation, an area previously reserved to federal and state governments.  The hotel industry, which often is one of the primary drivers of a local economy, has been a particular focus.

In Pham v.

On April 11, 2022, Bill 88, Working for Workers Act, 2022 (Bill 88), received Royal Assent and became law. Among other things, Bill 88 enacted the new Digital Platform Workers’ Rights Act, 2022 (DPWRA).¹ The DWPRA did not come into force upon its enactment. 

On August 26, 2024, the U.S. District Court for the District of Maryland decided in Teamsters Local Union No. 355 v. Total Distribution Services, Inc., that the Maryland Economic Stabilization Act (“Maryland WARN Act” or “Act”) does not provide individuals with the right to file suit in their personal capacity to enforce a legal claim under the Act. The Maryland WARN Act still may be enforced by the Maryland Department of Labor.  The Act is based, in part, on its federal counterpart, the Worker Adjustment and Retraining Notification (WARN) Act, with important differences. 

Update 2: On March 12, 2021, in Mikelsteins v.

Alexander MacDonald weighs in on the effects of U.S. DOL regulations that seek to expand organizing protections for farmworkers on temporary visas.

Bloomberg Law

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The Home Office has updated its guide on right to work (work authorization) checks for employers in the UK.

Changes coming into effect this month include a less flexible approach to late applications to the EU Settlement Scheme (EUSS) for Europeans and their families and a hike in penalties for illegal working.

Right to work changes for EEA citizens

On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA). These regulations implement Executive Order 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” President Biden signed on November 18, 2021.

Alexander MacDonald discusses the filing of an amicus brief with the U.S. Supreme Court asking the court to clarify a prior 1984 decision which, if successful, could weaken a new form of “exclusive representation” for unions.

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Kerry Notestine, Chad Kaldor, Shawn Matthew Clark and Garrick Josephs discuss a court’s decision that the Maryland WARN Act does not give individuals the right to file suit in their personal capacity to enforce a legal claim under the Act.

Wolters Kluwer

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This year has seen a number of international and regional legislative efforts imposing human rights due diligence and transparency obligations on multinational employers.