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The Privacy Shield Is Finally Here

Jackson Lewis P.C.·

Earlier today the European Union and U.S. officials announced the final approval of the EU-U.S. Privacy Shield data transfer agreement (“the Privacy Shield”). Beginning August 1, 2016, organizations based in the U.S. will be able to self-certify their compliance with the Privacy Shield.

EU, U.S. Agree On Revisions To Privacy Shield

Jackson Lewis P.C.·

According to reports, the European Union and the United States have agreed on changes to the EU-U.S. Privacy Shield (Privacy Shield) which will be sent to the EU member states and the college of the 28 EU commissioners ultimately paving the way for final approval early next month. “We have agreed on

European Parliament: EU-U.S. Privacy Shield Needs Further Improvement

Jackson Lewis P.C.·

Earlier today, the European Parliament passed a non-legislative resolution saying the EU Commission should go back to negotiating with the United States to remedy “deficiencies” in the proposed EU-U.S. Privacy Shield for EU citizens’ data which is transferred to the US for commercial purposes.

Russia's New Personal Data Localization Requirements

FordHarrison·

Executive Summary: Employers in Russia and companies doing business in Russia should be prepared to comply with recently enacted requirements governing storage and processing of the personal data of Russian citizens, which are designed to provide additional protection for this data.

Canada: Ontario Employers Have New Workplace Sexual Harassment Obligations

Littler·

Bill 132, entitled “Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015” (hereinafter the “Bill”) has now been passed into law in Ontario and will be in force September 8, 2016. The Bill amends various statutes with respect to se

European Commission Unveils EU-U.S. Privacy Shield (Update)

Jackson Lewis P.C.·

Earlier today, the European Commission (the Commission) issued a draft “adequacy decision” as well as the texts that will constitute the EU-U.S. Privacy Shield (the Privacy Shield). This includes the Privacy Shield Principles companies have to abide by, as well as written commitments by the U.S. Gov

EU-US Privacy Shield May Provide Guidance for Transatlantic Data Transfers

FordHarrison·

The decision of the Court of Justice of the European Union (CJEU) to invalidate Safe Harbor in October 2015 sent shockwaves throughout the international business community. Safe Harbor was a certification mechanism that allowed personal data to be transferred across the Atlantic while guaranteeing t

Canada: Court Orders Punitive Damages for An Employer’s Willful Mischaracterization of the Basis of a Termination

Littler·

A recent case from the Ontario Superior Court of Justice, Gordon v. Altus Group Ltd.,1 serves as a reminder that employers should not exaggerate facts when asserting a defense of “just cause” termination.

Canada: New Employer Compliance Obligations under the Accessibility for Ontarians with Disabilities Act, 2005 Take Effect January 1, 2016

Littler·

A number of employment requirements set forth under the Integrated Accessibility Standards (“IAS”) will become effective on January 1, 2016. This will be the latest phase of the staggered implementation of the IAS regulations that were enacted under the Accessibility for Ontarians with Disabilities

What Does the European Court of Justice's Invalidation of the U.S.-EU Safe Harbor Framework Mean For U.S.-Based Multinational Employers?

Littler·

n a landmark decision that will dramatically affect thousands of U.S. companies that transfer personal data from the European Union ("EU") to the United States, the European Union Court of Justice ("ECJ") yesterday invalidated the Safe Harbor Framework, which had permitted U.S. companies to comply w

In Canada, Foreign Workers Seek to Use International Norms as the Standard of Care in Negligence Claims Against Multinationals Operating Overseas

Littler·

Non-Canadian workers are increasingly suing their employers in Canadian courts for human rights violations allegedly committed outside Canada by the companies themselves or by other entities in their supply chains. This development seems to be spurred by recent U.S. cases limiting the rights of work

Mexico: Amendments to the Legal Working Age

Littler·

On June 12, 2015, Mexico amended the Federal Labor Law (“FLL”), adopting the increase in the legal working age that was enacted through a constitutional amendment in 2014. (Click here to read our discussion of the 2014 constitutional amendment). The FLL – the country’s employment law code – codifies

Australia: Get Set For a 2.5% Increase to Minimum Wages Effective July 1, 2015

Littler·

Australia’s national minimum wage and modern award pay rates are set to increase by 2.5% starting July 1, 2015. On June 2, 2015, the Minimum Wage Panel (the Panel) of the Fair Work Commission announced an increase to the minimum rates. The increase will affect over 1.86 million employees in Australi

2015 Hot Topics for Multinational Companies

Littler·

As we enter the New Year, Littler's international practice has identified a number of key employment and labor law issues for multinational companies (MNCs). The past year has brought to the fore some challenging issues likely to grow in importance in 2015, among them the increasing strength of glob

Resource Update: HR Strategies for International Same-Sex Secondments

FordHarrison·

With an increasingly global marketplace, companies are turning to international secondments and postings to place talent around the world. Planning an international secondment or placement is a complex undertaking, and a host of issues must be considered, from immigration to compensation and tax pla

Australia: What Employers with Australian Operations Should Know about Extension of Australia's Employment Laws Outside its Exclusive Economic Zone

Littler·

At one time or another, many companies with international operations may look to transfer employees between the company’s offices. There are many reasons why companies do so.

Ninth Circuit Case Portends Implications for Alien Tort Claims Act Liability Throughout Corporate Supply Chains

Littler·

The U.S. Supreme Court's recent decision in Kiobel v. Royal Dutch Petroleum1 upholding the dismissal of an Alien Tort Claims Act (ATCA) suit, left a great deal unanswered. The Kiobel decision did, however, limit the potential for future ATCA claims by applying a strong presumption against that statu

EEOC and Mexican Consulates Team Up to Provide Guidance, Training, and Even Checks Global Employment Law

Littler·

What started as a local effort has now become a national endeavor, as the United States Equal Employment Opportunity Commission (EEOC) and the Mexican Ministry of Foreign Affairs officially agree to join forces to create programs that will benefit both Mexican nationals working in the United States

Mexico: New Regulations Clarify the Requirements for Outsourcing

Littler·

Mexico’s Federal Conciliation and Arbitration Board recently published regulations to set a uniform standard for all labor boards to follow when determining whether outsourcing has occurred. These regulations, entitled “Employment Relationship within the Outsourcing Framework” (“Relación de Trabajo

US and Mexico Sign Agreement to Compliance of Employment Laws to Protect Migrant Workers

Littler·

The Secretary of the U.S. Department of Labor (DOL) and the Secretariat of Labor and Social Welfare of Mexico (STPS) signed an agreement on April 3, 2014, to strengthen the relationship between both nations and promote compliance of the labor laws of both countries, especially as it relates to the p