Following the conclusion of Pride Month, it seems only fitting to address a relevant outcome in the cross-border context, which also has an impact on global employers and their employee benefits offerings. In, Leung Chun Kwong v Secretary for the Civil Service and Commissioner of Inland Revenue  HKCFA 19, the Hong Kong Court of Final Appeal (“CFA”) – Hong Kong’s highest court – held that same-sex couples who are legally married overseas, in jurisdictions where same-sex marriage is recognized, such as the U.S. (same-sex marriage is not currently legally recognized in Hong Kong) are entitled to the same spousal employment and tax benefits enjoyed by heterosexual married couples in Hong Kong.
In late September, my colleague, Brian Ellixson, published a post concerning the start of a power swing, from France’s historically employee-friendly labor regime to a somewhat more employer-friendly system. Indeed, although French employment law still largely favors employees over employers, we are already seeing the beginnings of a potential sea change in the French labor market, both in the context of employer’s reliance on the new labor reforms and the resulting prospects of large-scale growth in the labor market.
New Zealand’s Prime Minister Jacinda Ardern and partner Clark Gayford are expecting their first child in June 2018, just shy of the July 1 effective date of a new law extending the period of paid parental leave from 18 to 22 weeks. The Parental Leave and Employment Protection Amendment Bill, passed on November 30, 2017 extends the period of paid parental leave from 18 to 26 weeks by July 1, 2020. The government’s expressed aim is to support working families, reduce financial stress, and to allow for more bonding time for care givers who are not in a position to take any unpaid leave.
Fisher Phillips’ International Employment Practice Group routinely counsels employers that are planning to move into the Canadian employment market (or have done so already without the requisite due diligence). In these situations, we often find that even seasoned US HR Professionals are taken aback by the stark differences between the employment law regimes in the US and Canada. Accordingly, in this blog series, we will address at a high level some of the basic differences that employers should be aware of before hiring employees in Canada.
For several decades, US employers operating in Mexico (or anywhere else around the globe, for that matter) have been subject to – and, therefore, should be aware of – the tenets of the federal Foreign Corrupt Practices Act (15 U.S.C. §78dd-1, et seq.) (“FCPA”). However, as of July 2017, US employers operating in Mexico must also be wary of the requirements of Mexico’s new anti-corruption legislation, the National Anti-Corruption System (the Sistema Nacional de Anti-Corrupción) (“NAS”), which coupled with the FCPA creates a multi-jurisdictional anti-corruption obligation for US businesses operating in Mexico. For those unfamiliar with the FCPA or the NAS, here is a brief primer on both laws.