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Our Webinar an Employer’S Guide to Brazil, Canada, Mexico and the Us

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Our Webinar an Employer’S Guide to Brazil, Canada, Mexico and the Us WELCOME TO OUR WEBINAR AN EMPLOYER’S GUIDE TO BRAZIL, CANADA, MEXICO AND THE US Wednesday, November 11, 2015 If you cannot hear us speaking, please make sure you have called the teleconference number on your invitation. US participants: 1 800 908 0783 . Outside the US: 44 203 300 0080 The audio portion is available via conference call. It is not broadcast through your computer. *This webinar is offered for informational purposes only, and the content should not be construed as legal advice on any matter. An employer’s guide to Brazil, Canada, Mexico and the US CURRENTLY SPEAKING . Introduction of Panelists Phyllis Cheng Partner Employment Group Karen Bock María Ríos Priscila Lago DLA Piper Partner Partner Partner Los Angeles Employment Group Employment, Corporate Employment DLA Piper and Finance Campos Mello Toronto DLA Piper Advogados* Mexico City São Paulo *Campos Mello Advogados is an independent law firm in Brazil. Global Employment November 2015 2 An employer’s guide to the United States CURRENTLY SPEAKING . Overview . Sources of employment law . Types of employment Phyllis Cheng Partner . Discrimination, harassment and retaliation Employment Group DLA Piper Los Angeles . Wages and benefits . Employee organizing Global Employment November 2015 3 Sources of employment law CURRENTLY SPEAKING . Legislative branch: codified statutes . US Congress . State legislatures Phyllis Cheng Partner . Local governments Employment Group DLA Piper Los Angeles . Judicial branch: case law . US federal courts . State courts . Common law . Executive branch: rules and regulations . Federal, state and local administrative agencies Global Employment November2015 4 Types of employment CURRENTLY SPEAKING . Employment at will . An employment, having no specified term, may be terminated at the will of either the employer or employee upon notice for any reason or for no reason, except for the Phyllis Cheng wrong reason Partner Employment Group DLA Piper . Employment for a term Los Angeles . An employment for a specified term may be terminated at any time by the employer or employee only in case of willful breach, neglect or incapacity . Independent contractor . A person who contracts to do work for another according to contractor’s own processes and methods; contractor is not subject to another's control except for what is specified in a mutually binding agreement for a specific job Global Employment November2015 5 Discrimination, harassment and retaliation CURRENTLY SPEAKING . US Equal Employment Opportunity Commission (EEOC) . Title VII of the Civil Rights Act of 1964 (Title VII): race, color, religion, national origin, or sex. Pregnancy Discrimination Act: pregnancy, childbirth, or a Phyllis Cheng medical condition related to pregnancy or childbirth Partner Employment Group . Equal Pay Act of 1963 (EPA): illegal to pay different wages to DLA Piper Los Angeles men and women if they perform equal work in the same workplace . The Age Discrimination in Employment Act of 1967 (ADEA): age 40 or older . Title I of the Americans with Disabilities Act of 1990 (ADA): disability . Genetic Information Nondiscrimination Act of 2008 (GINA): genetic information . State statutes similar, some stronger Global Employment November2015 6 Wages and benefits CURRENTLY SPEAKING . US Department of Labor . Fair Labor Standards Act . Coverage Phyllis Cheng . Minimum wage Partner Employment Group . Overtime pay DLA Piper Los Angeles . Youth employment . Record keeping . State laws similar, some stronger . Local ordinances similar, some stronger Global Employment November 2015 7 Employee organizing CURRENTLY SPEAKING . National Labor Relations Board . National Labor Relations Act . Right to form, join, decertify, or assist a labor organization Phyllis Cheng Partner . Right to bargain collectively through representatives of Employment Group DLA Piper their own choosing, or to refrain from such activities; Los Angeles . Right to join together to improve terms and conditions of employment without a union . Right to be free from interference from employer or union . State statutes and public sector statutes similar Global Employment November 2015 8 Contact: Phyllis Cheng CURRENTLY SPEAKING Before joining DLA Piper, Phyllis was the Director of the California Department of Fair Employment and Housing, the largest state civil rights agency in the United States. Originally appointed to head the DFEH by Governor Arnold Schwarzenegger, then retained by Governor Jerry Brown, Phyllis is well respected by both sides of the political aisle and enjoyed a reputation as a hard-working public official who improved the DFEH during a budget crisis by implementing innovative business concepts. At DLA Piper, she focuses her practice on the employment policy, legislative and business development issues that concern companies in California. Phyllis Cheng Partner During her nearly seven-year tenure at DFEH, the agency took in 140,000 complaints, Employment Group DLA Piper prosecuted between 400-500 cases, including several class complaints, and garnered wins and Los Angeles settlements of about $100 million plus affirmative relief. Meanwhile, during a budget crisis, rather than laying off employees, she closed down five physical facilities to reduce rents, relocated staff E:[email protected] T: +1 213 330 7713 and partnered with seven law schools and colleges on campus, staffed by a combination of public employees and civil rights fellows, thus growing the capacity of the agency while 550 South Hope Street, Suite drastically reducing costs. 2300, Los Angeles, California, 90071-2678 Earlier in her career, Phyllis spent six years in private practice, litigating in the California and federal courts, California Courts of Appeal and the California Supreme Court on both the defense and plaintiff sides. Phyllis has substantial experience in the areas of employment discrimination, harassment, retaliation and wrongful termination litigation as well as counseling and training. She has been attorney of record on numerous administrative and trial court cases, as well as approximately 25 appellate cases, including four published Court of Appeal and California Supreme Court decisions. Phyllis also ruled on 78 administrative decisions as a commissioner on the former Fair Employment and Housing Commission. She has further worked as a senior appellate court attorney and drafted 80 Court of Appeal decisions on all areas of the law. Global Employment November2015 9 Employment considerations in Canada CURRENTLY SPEAKING . Jurisdiction is a crucial question: . Provincial or federal? . 13 provincial jurisdictions Karen Bock Partner Employment Group DLA Piper Toronto Global Employment November 2015 10 Legal framework in Canada CURRENTLY SPEAKING . Statutory . Common law / civil law (Quebec only) . Contract Karen Bock Partner Employment Group DLA Piper Toronto Global Employment November 2015 11 Employment statutes in Canada CURRENTLY SPEAKING . Employment standards laws set minimum standards in each jurisdiction: . Minimum wage Karen Bock . Hours of work Partner Employment Group DLA Piper . Overtime Toronto . Vacation time and pay . Public holidays . Job-protected leaves of absence . Termination entitlements Global Employment November 2015 12 Employment statutes in Canada CURRENTLY SPEAKING . Labour relations . Unionization process . Decertification process Karen Bock Partner . Collective agreement negotiation process Employment Group DLA Piper Toronto . Grievance procedure . Strikes, lockouts Global Employment November 2015 13 Employment statutes in Canada CURRENTLY SPEAKING . Human rights . Prohibited discrimination . Prohibited harassment Karen Bock Partner . Duty to accommodate Employment Group DLA Piper Toronto Global Employment November 2015 14 Employment statutes in Canada CURRENTLY SPEAKING . Health and safety . Occupational health and safety . Workers’ compensation Karen Bock Partner Employment Group DLA Piper Toronto Global Employment November 2015 15 Common law CURRENTLY SPEAKING . “Wrongful dismissal” and reasonable notice of termination . “Constructive dismissal” Karen Bock Partner Employment Group DLA Piper Toronto Global Employment November 2015 16 Contract: individual employment agreements CURRENTLY SPEAKING . Individual contract is valid only for non-union employees . Employers can set terms regarding: . Term of employment Karen Bock Partner . Probationary period Employment Group DLA Piper . Hours of work and overtime Toronto . Vacations . Benefits . Confidentiality and intellectual property agreements . Policies (use of electronic resources, privacy…) . Termination entitlements . Variable compensation: bonuses, profit sharing, commissions… . Transfers, relocation, place of employment . Performance management . Arbitration vs. litigation Global Employment November 2015 17 Sale/purchase of a business in Canada CURRENTLY SPEAKING . “Successor employer” laws . Purchaser inherit various employment-related liabilities and obligations from seller: Karen Bock . Termination costs of seller’s employees Partner Employment Group DLA Piper . Seller’s employment standards violations Toronto . Seller’s workers’ compensation liabilities and costs . Collective agreements between seller and its unions . Union bargaining rights Global Employment November 2015 18 Contact: Karen Bock CURRENTLY SPEAKING Karen Bock is a partner in the Employment at DLA Piper’s Toronto office. Karen has a general management-side labour and employment law practice. Karen advises public and private-sector employers on matters, such
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