More and more businesses are establishing operations in Mexico with the aim of “near shoring” their manufacturing functions to reduce costs and alleviate supply chain issues. Meanwhile, Mexico’s legal landscape has undergone dramatic changes including greater protections for employees seeking to unionize, a ban of the former third-party employment model, the creation of a more adversarial dispute resolution system, and the introduction of new labor law provisions under the United States-Mexico-Canada Agreement (USMCA) (which replaced the North American Free Trade Agreement (NAFTA)). Yet Mexico’s labor and employment laws remain vastly different than those of the U.S., creating complications for businesses looking to take advantage of opportunities in the country.
From three offices in Mexico City, Guadalajara and Querétaro, Fisher Phillips’ lawyers help international companies anticipate and solve labor and employment-related challenges and succeed in a rapidly evolving legal and business climate. Our clients include North American, Asian and European companies whose businesses span a spectrum of industries including automotive, energy, pharmaceutical, higher education, healthcare, life sciences, construction and infrastructure, food products, media, and retail.
Our Mexico-based team helps employers in the following areas:
- Counseling and advice on compliance and human resources personnel management issues including strategic planning, preventive strategies to reduce risk, compliance audits and due diligence, and representation in connection with inspections by labor authorities and large-scale reductions in force.
- Litigation and dispute resolution including arbitration and trials and covering claims including employment discrimination, harassment, wrongful termination, wage and hour, and employee defection and trade secrets. Our team is experienced in all relevant forums including the Conciliation and Arbitration Review Boards and the Federal Conciliation and Arbitration Court.
- Labor relations including devising union avoidance and overall labor relations strategies, negotiating and reviewing collective bargaining agreements, responding to signs of employee discontent and strikes, and representation in related arbitration and litigation.
- Corporate governance issues encompassing risk management and audits, policies and codes of conduct, whistleblower claims and investigations into allegations of misconduct.
- Data security and workplace privacy matters including incident prevention, compliance with all relevant laws, data breach response, background checks, device monitoring, and defending against investigations and lawsuits.
- Fraud and anti-bribery laws including the FCPA and Mexico’s National Anti-Corruption System.
- Consulting services spanning all labor and employment-related issues.