docTitle: Employment Law Challenges in Managing a Global Workforce
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Title: Employment Law Challenges in Managing a Global Workforce
Title: Employment Law Challenges in Managing a Global Workforce. Date: September 3, 2015 Time: 3:15 p.m.-4:30 p.m. Moderator: Name: Pedro Torres-Diaz Title: Office Managing Shareholder, Office Managing Litigation Partner, Miami and San Juan Offices Employer: Jackson Lewis, PC Email: TorresDP@jacksonlewis.com Panelists: Name: Erica V. Mason Title: Shareholder, Co-Chair, Sports & Entertainment Practice Group Employer: Constangy, Brooks, Smith & Prophete, PC Email: emason@contangy.com Name: Jack Chen Title: Senior Attorney, Labor, Employment & Immigration Policy Employer: Microsoft Corporation Email Name: Alix Apollon Title: Vice-President & Regional Counsel, UPS Americas Employer: UPS Americas Email Tab 1 – Biographies or CVs 6/26/2015 Jackson Lewis P.C. | People PEDRO JAIME TORRESDÍAZ Office Managing Shareholder Office Litigation Manager American International Plaza 250 Muñoz Rivera Avenue Suite 404 San Juan, PR 00918 P: (787) 5227305 F: (787) 522 7306 One Biscayne Tower, Suite 3500, Two South Biscayne Boulevard Miami, FL 33131 P: (305) 5777600 F: (305) 3734466 Miami and San Juan, Puerto Rico offices Pedro Jaime TorresDíaz is the Office Managing Shareholder of the San Juan office and a Shareholder in the Miami office of Jackson Lewis P.C. Mr. TorresDíaz’s practice concentrates in Employment Discrimination and Wage & Hour Law Counseling and Litigation exclusively on behalf of employers, both in Florida and Puerto Rico. Mr. TorresDíaz has extensive trial experience before both federal and local courts and administrative forums in Puerto Rico and Florida. His published decisions include RiveraVelazquez v. Hartford Steam Boiler Inspection & Ins. Co., 750 F.3d 1 (1st Cir. 2014) (affirming dismissal of age discrimination, breach of contract and Fair Credit Reporting claims); Bettis v. Toys R Us, 2009 U.S. Dist. LEXIS 123664, December 30, 2009 (S.D. Fla.) (summary judgment in favor of employer in pregnancy discrimination claim); OneSource Facility Servs. v. Mosbach, 508 F. Supp. 2d 1115 (M.D. Fla. 2007) (restrictive covenant matter); Soler v. Tyco Electronics, 268 F.Supp. 2d 97 (D.P.R. 2003) (age discrimination claim); and Ramon Jimenez et al. v. General Instruments / NextLevel, 170 D.P.R. 14 (2007). In addition, Mr. TorresDíaz has first or second chaired several trial matters for diverse clients in Puerto Rico and Florida, including Cruz et al. v. Ethicon (Court of First Instance – Puerto Rico; donninganddoffing wage claim by 11 plaintiffs); Martínez v. Ethicon (Court of First Instance – Puerto Rico; disability discrimination claim); García v. Clorox Commercial Company of Puerto Rico (U.S. District Court – Puerto Rico; national origin discrimination claim); OneSource Facility Servs. v. Mosbach (U.S. District Court – Middle District of Florida; restrictive covenant matter); and Stewart v. DaimlerChrysler Financial Services (U.S. District Court – Southern District of Florida; race discrimination claim dismissed). He has also successfully defended employers in all types of administrative hearings before local and federal agencies. Before joining Jackson Lewis, Mr. TorresDíaz was a Partner in the Labor and Employment Law Department of a leading law firm in San Juan, Puerto Rico, where he resided and practiced law for eight years. Throughout his practice in Puerto Rico, Mr. TorresDíaz was a frequent and featured speaker on many subjects in http://www.jacksonlewis.com/people.php?PeopleID=1082 1/3 6/26/2015 Jackson Lewis P.C. | People the Labor and Employment Law field, in seminars for clients and for organizations such as the Society for Human Resources Management and the Puerto Rico Chamber of Commerce. Since arriving in Miami, Mr. TorresDíaz has continued to participate as speaker on many topics related to workplace law, both for clients and other organizations in Florida and elsewhere. Mr. TorresDíaz has also written articles on legal developments in Puerto Rico, one of which was published in the American Bar Association's The International Employment Lawyer. He has been admitted to practice in all courts of the Commonwealth of Puerto Rico and the State of Florida; the U.S. District Courts for the District of Puerto Rico, and the Southern and Middle Districts of Florida; and the U.S. Courts of Appeals for the First and Eleventh Circuits. Mr. TorresDíaz is a member of the Puerto Rico Bar Association; the Florida Bar; the Hispanic National Bar Association (where he served as General Counsel between 2011 and 2013); the American Bar Association, Employment Law, Litigation, and International Law section; and the Greater Miami Chamber of Commerce. He is fluent in Spanish and English, and conversant in French. Mr. TorresDíaz graduated from Washington University in St. Louis in 1991 with a bachelor’s degree in business administration, and minors in French and Economics. During his undergraduate studies, he completed an Internship in European Business in the Ecòle Europèenne des Affaires in Paris, France. After completion of his undergraduate studies, Mr. TorresDíaz worked as a fiscal analyst in the corporate headquarters of McDonnell Douglas in St. Louis, Missouri. In 1996, he obtained a Juris Doctor (magna cum laude) from the University of Puerto Rico School of Law. After his graduation from law school, he clerked for Hon. Aida M. DelgadoColón, United States MagistrateJudge (now Chief United States District Judge), at the United States District Court for the District of Puerto Rico. practices International Employment Issues Corporate Diversity Counseling General Employment Litigation Wage and Hour education University of Puerto Rico J.D., 1996 admitted to practice 1st Circuit Court of Appeals 1997 11th Circuit Court of Appeals 2007 http://www.jacksonlewis.com/people.php?PeopleID=1082 2/3 6/26/2015 Jackson Lewis P.C. | People Florida M.D. Fla. 2006 Florida S.D. Fla. 2006 Puerto Rico D. P.R. 1998 Puerto Rico 1997 Florida 2006 bar & professional association memberships American Bar Association Hispanic National Bar Association Puerto Rican Bar Association Puerto Rican Bar Association of Florida languages French Spanish jackson lewis p.c. © 2015 http://www.jacksonlewis.com/people.php?PeopleID=1082 3/3 6/26/2015 Erica V. Mason: Constangy, Brooks, Smith & Prophete, LLP Erica V. Mason Partner Atlanta 230 Peachtree Street, N.W. Suite 2400 Atlanta, Georgia 30303‐1557 “Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure.” T: 404.230.6794 ‐‐ Marianne Williamson Practice Areas Litigation; Employment Litigation Prevention and Defense Erica Mason serves as regional and national employment counsel to large and medium‐sized companies throughout the United States, primarily in the hospitality, retail and manufacturing sectors, as well as hospitals and physician's groups. Ms. Mason defends clients from Bar & Court Admissions Georgia (all state courts) United States District Court, Northern Districts of Georgia and Florida United States Court of Appeals, Eleventh Circuit Practiced pro hac vice in federal district courts and/or defended EEOC investigations in Alabama, Arizona, Florida, Illinois, Indiana, Massachusetts, Mississippi, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Virginia and Washington, D.C. Education University of Pennsylvania Law School J.D., 2004 Georgia State University B.B.A., cum laude, 2000 News Constangy, Brooks, Smith & Prophete Continues Growth claims of alleged racial, age, national origin, disability and religious discrimination, harassment and/or retaliation; testing and public accommodations; wage and hour disputes; and restrictive covenants disputes brought under state and federal law. She has extensive experience successfully defending enforcement actions brought by the United States Equal Employment Opportunity Commission (EEOC) alleging single‐plaintiff or pattern‐and‐practice violations of federal anti‐discrimination laws, as well as private Rule 23 class actions and Section 216(b) collective‐actions brought under Title VII, ADEA, ADA, Equal Pay Act and the FLSA, and lawsuits brought against franchisors and professional employer organizations (PEOs) under a "joint employer" or "integrated enterprise" theory of liability. In addition to assisting clients in litigation, Ms. Mason also advises employers on litigation avoidance techniques and compliance issues, including drafting and implementing employment policies, processes and training; advising on single‐employee or large scale terminations, and implementing and assessing risk related to reductions‐in‐force; conducting internal investigations into alleged unethical or unlawful conduct; comprehensive employment practices audits; and drafting employment contracts, confidentiality and restrictive covenant agreements. Ms. Mason also trains clients on EEO, diversity and inclusion, implicit bias, respectful workplace norms, leadership skills training and a number of other employment‐related issues. Awards & Recognition Recipient, Georgia Super Lawyer "Rising Star in Labor and Employment Defense" (awarded to less than 2.5% of attorneys in Georgia), (2010 − 2014) Recipient, Barry W. Ford Diversity Award (2014) Listed, "Georgia Legal Elite in Labor & Employment Law," Georgia Trend magazine (2012) Included on "40 Under 40: Georgia's Best & Brightest" list − Awarded to 40 outstanding Georgians under the age of 40 who have made a http://www.constangy.com/peopleEricaMason.html mark in business, government, politics, 1/2 6/26/2015 Erica V. Mason: Constangy, Brooks, Smith & Prophete, LLP nonprofits, the arts, finance and the military, Georgia Trend magazine (2012) Recipient, Phenomenal Women's Health, Inc.'s 2012 Community Service Award Featured in Fulton County Daily Report's "New Partners Edition" (2012) Professional Activities/Associations Member, American (ABA Advisory Panel, ABA Law Practice Management Section, ABA Women's Rainmakers and Labor and Employment Law Section member); State Bar of Georgia and Atlanta Bar Associations (Labor & Employment Law Section member) Member, Hispanic National Bar Association: National Finance Director (2013 − 2014); representative to inaugural Collaborative Leadership Bar Academy (2013) Member, Women's Food Service Forum Publications & Speaking Engagements Civic/Charitable Activities/Associations Chair, Grow Kids, Inc. Board of Directors (2011 – present) Volunteer, Phenomenal Women's Health (2011 – present) Volunteer, Covenant House (2010 – 2012) Other Personal Background Information and Interests When she is not working, Erica spends time with family, mentors several high school and law school students, and volunteers with a number of non‐profit organizations aimed at bettering the lives of women and children in Georgia. ATLANTA, GA ASHEVILLE, NC AUSTIN, TX BIRMINGHAM, AL FAIRFAX, VA GREENVILLE, SC JACKSONVILLE, FL BOSTON, MA CHICAGO, IL KANSAS CITY, MO LAKELAND, FL MADISON, WI NASHVILLE, TN NEW YORK, NY OPELIKA, AL PORT ST. LUCIE, FL COLUMBIA, SC DALLAS, TX DENVER, CO LOS ANGELES COUNTY, CA MACON, GA PRINCETON, NJ ST. LOUIS, MO TAMPA, FL VENTURA COUNTY, CA WEST POINT, GA WINSTON‐SALEM, NC http://www.constangy.com/peopleEricaMason.html 2/2 6/26/2015 Jack Chen | LinkedIn Home Profile Connections Search for people, jobs, companies, and more... Jobs Interests 120 Advanced 13 Business Services 6 Try Premium for free Attn: Women Partners Only You're Invited to Join the National Association of Professional Women. | Read More » Jack Chen 1st Senior Attorney, Labor, Employment and Immigration Policy at Microsoft Greater Seattle Area Work with us at Microsoft Law Practice Previous Microsoft Corporation, Tafapolsky & Smith LLP, Bingham McCutchen LLP Education University of California, Hastings College of the Law Send a message 500+ connections Senior Attorney Redmond, WA, US Apply now » Senior Attorney Redmond, WA, US Apply now » Dir Partner Sales Bellevue, WA, US Apply now » Careers at Microsoft » Relationship Contact Info Connected 1 year ago People Also Viewed Background Robin Paulino Assistant General Counsel, Global Migration, Microsoft Experience Carla Villar Attorney Senior Attorney, Labor, Employment and Immigration Policy Microsoft September 2013 – Present (1 year 10 months) Senior Attorney, Compliance and Advocacy Microsoft Corporation February 2007 – August 2013 (6 years 7 months) | Redmond, WA Associate Tafapolsky & Smith LLP February 2005 – February 2007 (2 years 1 month) | San Francisco, CA Associate Bingham McCutchen LLP October 2003 – February 2005 (1 year 5 months) | San Francisco, CA Jamie McCoy Attorney at Microsoft Erin Farrell Senior Attorney at Microsoft Corporation Maëva Williamson Immigration Paralegal at Nelson Mullins Kim Tran Global Employment Law Attorney at Microsoft Gina Borton Attorney Marsha Watkins Skills Immigration, Global Mobility Megan Yoshimura Top Skills InHouse Corporate Attorney at Microsoft Corporation 23 Corporate Law Debbe Bowles 14 Legal Writing HR Immigration Manager, Intel Corporation 9 Litigation 8 Immigration Law 7 Commercial Litigation 6 Legal Research 6 Corporate Governance 4 Civil Litigation In Common with Jack https://www.linkedin.com/profile/view?id=37090239&authType=NAME_SEARCH&authToken=hxCb&locale=en_US&trk=tyah&trkInfo=clickedVertical%3Amy… 1/2 6/26/2015 Jack Chen | LinkedIn 2 Mediation 2 Mergers & Acquisitions 10 Jack also knows about... 1 Mergers 1 Legal Advice International Law 1 1 Legal Compliance Skills & Expertise Contract Negotiation 1 Education University of California, Hastings College of the Law JD 2000 – 2003 Northwestern University BA, Sociology, Economics 1993 – 1997 Recommendations Erica, would you like to recommend Jack? Recommend Jack Help Center About Careers LinkedIn Corporation © 2015 Advertising User Agreement Talent Solutions Privacy Policy Sales Solutions Ad Choices Small Business Community Guidelines Mobile Language Cookie Policy Upgrade Your Account Copyright Policy Send Feedback https://www.linkedin.com/profile/view?id=37090239&authType=NAME_SEARCH&authToken=hxCb&locale=en_US&trk=tyah&trkInfo=clickedVertical%3Amy… 2/2 6/26/2015 Alix J. M. Apollon Lawyer Profile on Martindale.com People Law Firms & Organizations Groups & Topics Jobs Search Find people by name, practice area, geography, etc. Advanced search Get Connected Communities Search Tools Professional Development Market Your Firm Home > United Parcel Service > People > Lawyer Profile Peer Rating Alix J. M. Apollon N/R Attorney United Parcel Service Atlanta, GA U.S.A. View Website Phone 4048286000 Client Rating N/R Submit a review Click Here to Contact Experience & Credentials Office Information Alix J. M. Apollon United Parcel Service 55 Glenlake Parkway, NE Atlanta, GA 30328 Responsibilities Litigation Arbitration Aviation University Law School Admitted Memberships Languages Born Biography Reported Cases ISLN International Business Law Mergers and Acquisitions International Contracts Professional Networking for Legal Professionals Only Boston College, B.A., 1982; University of Miami, M.A., International Affairs, 1987 Quickly and easily expand your professional network join the premier global network for legal professionals only. It's powered by the MartindaleHubbell database over 1,000,000 lawyers strong. University of Miami, J.D., 1991 1992, Florida and U.S. District Court, Southern District of Florida. (Not admitted in Georgia) Dade County and American (International Law Section) Bar Associations. Learn More Portuguese, French and Spanish Petionville, Haiti, February 5, 1959 U.S. Delegate to Negotiate Free Trade Area of The Americas, Costa Rica 1998, Toronto 2000, Argentina 2001, Ecuador, 2002. (Board Certified International Law Lawyer, Florida Bar Board of Legal Specialization and Education) Casualty Indemnity Exchange v. Penrod Brothers, Inc., 632 So. 2d 1046 (Fla. 3d DCA 1993); CACRamsay Health Plans, Inc. v. Johnson, 641 So. 2d 434 (Fla. 3d DCA 1994); Silver V. Levinson, 648 So. 2d 240 (Fla. 4th DCA 1994). 901150026 Profile Visibility #1,551 in weekly profile views out of 20,217 lawyers in Atlanta, Georgia #104,828 in weekly profile views out of 1,707,781 total lawyers Overall Featured Services About Us Digital Network Law Firm Marketing Solutions About MartindaleHubbell Lawyers.comSM MartindaleHubbell Ratings Advertising opportunities attorneys.comSM Browse lawyers martindale.com blog MartindaleHubbell UK Browse law firms FAQs & tutorials MartindaleHubbell Canada Testimonials MartindaleHubbell global sites Follow Us Follow us Contact us Site map Terms & Conditions | Privacy | Copyright © 2015 Internet Brands, Inc. All rights reserved. http://www.martindale.com/AlixJMApollon/856664lawyer.htm 1/1 Tab 2 – Course Materials (articles, publications, other materials) GLOBAL INTEGRATION OF EMPLOYMENT PRACTICES Presented by: Erica V. Mason A wider lens on workplace law The Case for Global Integration • Companies that can do the following, in response to changes in the economic, technological and political environments, will be the most competitive • Integrate across borders • Respond to local demands • Leverage the knowledge in their network A wider lens on workplace law Sixteen Step Action Plan A wider lens on workplace law Sixteen Step Action Plan, cont’d. 1. Break all the “Local National" Glass Ceilings • End national favoritism • Improve pay • Improve training • Improve local recruiting A wider lens on workplace law Sixteen Step Action Plan, cont’d. 2. Trace Your Lifeline • Identify activities that are essential to achieving success in your business • Then identify the positions responsible for these activities • Define the following necessities for each "lifeline" role • Revisit lifeline role descriptions at least annually to ensure they reflect the business strategy A wider lens on workplace law Sixteen Step Action Plan, cont’d. 3. Create a Global Database to Easily Identify Top Talent • Focus on posts at the top of the organization and in middle management A wider lens on workplace law Sixteen Step Action Plan, cont’d. 4. Emphasize Cultural Skills in Addition to Functional Skills • The fact that foreign appointments are often made based largely on functional skills is one reason so many of them fail • Instead, get to know your talent and go beyond role descriptions A wider lens on workplace law Sixteen Step Action Plan, cont’d. 5. Construct a Mobility Pyramid • Evaluate managers in terms of their willingness to move to new locations as well as their ability and experience • Consider developing a new type of manager called a “glopat" • Consider the five-level mobility pyramid A wider lens on workplace law Sixteen Step Action Plan, cont’d. 6. Improve the Capability to Transfer Knowledge • Knowledge integration • Diversity can lead to increased innovation and learning • Integrating globally and sharing knowledge faster creates a competitive advantage A wider lens on workplace law Sixteen Step Action Plan, cont’d. 7. Incentivize the Transfer of Knowledge • Employees need to be motivated to participate in globalization • Create rewards for trust-building behavior • Provide holders of knowledge access to others A wider lens on workplace law Sixteen Step Action Plan, cont’d. 8. Encourage Decentralization of Authority • Investment in training • Create local opportunities for employee involvement • Stability of employment A wider lens on workplace law Sixteen Step Action Plan, cont’d. 9. Create Cognitive and Relational Social Capital • Cognitive social capital is nurtured by shared vision • Relational social capital is facilitated by clear and transparent reward criteria • Ask: “Does this approach encourage the creation of social capital throughout the network?” A wider lens on workplace law Sixteen Step Action Plan, cont’d. 10. Transfer Policies in a Culturally Appropriate Manner • One size does NOT fit all • Not all policies can or should be transferred without modifications • Practices can vary by company and country • May have to find the functional equivalents of the practices used in the parent company A wider lens on workplace law Sixteen Step Action Plan, cont’d. 11. Involve HR in Your Key Decisions • Integrate HR across borders in the design of the HR system for foreign affiliates • Have HR communicate consistently to avoid resistance simply because HQ is involved • Allow HR to become a champion of an integrated system A wider lens on workplace law Sixteen Step Action Plan, cont’d. 12. Assess Your Bench Strength and Skills Gap • Build a database of your company's managerial skills by: • Ask executives to compare their skills and characteristics with the ideal requirements of the executive's current post and preferred next post • Compare the skills detailed in the personal assessments with those required by your business strategy A wider lens on workplace law Sixteen Step Action Plan, cont’d. 14. Advertise Positions Internally • Run your own global labor market • Utilize and promote intranet A wider lens on workplace law Sixteen Step Action Plan, cont’d. 15. Institute Succession Planning • Require those in lifeline positions to nominate successors who could take over that post in the next week, three months, or year • Bosses should sign off on the nominations A wider lens on workplace law Sixteen Step Action Plan, cont’d. 16. Challenge and Retain Your Talent • Global networks that transfer knowledge and good practices run on people-to-people contact and continuity • Executive continuity also cuts down on turnover, recruitment and opportunity costs • Monetary incentives no longer enough; package must include challenge, personal growth and job satisfaction • Create a career plan for every executive within first 100 days in the organization A wider lens on workplace law Making it Work • The Sixteen Step Action Plan has potential to affect every executive in every location • This scale of global integration requires full commitment from the chief executive and top management • HR and business strategists are needed to facilitate and implement the program, but its success also depends on line managers • Line managers may have to be convinced: • Of the benefits of a global/multi-cultural mix • Through training for their career-development roles • By offering strong incentives to implement worldwide practices A wider lens on workplace law
