Rebecca L. Marks

Of Counsel Boston

Rebecca Marks is a member of the International Practice Group, which provides worldwide labor and employment law support in over 100 countries.

Her expertise includes crafting practical, business-centric advice on international employment issues for U.S. management of multinational corporations. She supports U.S. human resources internationally and helps educate clients about the differences between US at-will employment law and the employee-centric laws of most of the rest of the world.  She drafts employment contracts, termination agreements and policies to conform with parent company standards but still comply with local requirements. Where necessary, she manages affiliated counsel in each country in litigation matters. Where disciplines overlap, Ms. Marks ensures that clients are aware of potential corporate tax or immigration issues in order to obtain the best results possible in the management of their overseas interests.


Experience

Ms. Marks has extensive experience in international employment law, advising on employment relations issues in multiple countries, particularly in Canada and the EU.  Issues include wage and hour, discrimination allegations, disciplinary procedures, performance improvement, terminations and enforcement of non-competes. She also prepares and provides advice on employment policies, employment agreements, termination agreements and global mobility.

Canada:

  • Negotiated the termination of the most senior executive of Canadian subsidiary of US multinational, including drafting the termination agreement and release to comply with Canadian law.
  • Reviewed U.S. handbooks and individual employment policies and edited to comply with Canadian law for multiple provinces, including Ontario, Alberta, British Columbia and Quebec.
  • Advised on various wage and hour issues, including compliance with overtime laws in multiple provinces. 
  • Advised on drug and alcohol testing policies and criminal background checks in compliance with provincial employment standards, human rights, and privacy legislation. 
  • Drafted new employment contracts and helped US parent of acquired Canadian subsidiary transition employees onto new contracts and policies.
  • Edited US job application forms to comply with Alberta law. 
  • Advised on termination rights of union and non-union employees of Canadian subsidiary in divestiture from US corporate group.
  • Reviewed and advised on employment law and privacy law implications of web-based recruiting software, including psychological assessment tests.
  • Drafted privacy policy for Alberta-based subsidiary of US corporation.
  • Drafted employment contracts for employees in various provinces including Ontario, Alberta, British Columbia, Quebec, Manitoba and Saskatchewan.
  • Supervised the corporate set up of a subsidiary under British Columbia Corporations Law and the registration of the entity in various other provinces.
  • Helped US corporation hire Canadian CEO, including drafting employment agreement.
  • Advised US parent corporation on termination of Canadian employee who relocated to work remotely from another country without employer permission or appropriate work permits.

France:

  • Analyzed and advised on wage and hour issues including overtime, especially in relationship to collective bargaining agreements and latest rulings from the French Supreme Court.
  • Drafted and helped negotiate mutual termination agreements for French employees of US subsidiary.
  • Advised US clients on non-compete clauses in France and traps for the unwary.
  • Supervised litigation including French employee suing for non-compete payment and overtime after joining a competitor.
  • Advised on legal requirements of consultations with French works council.

Sweden:

  • Helped negotiate termination of managing director of acquired Swedish subsidiary.
  • Advised on redundancy and performance-based terminations under Swedish law.

Denmark:

  • Helped US parent company terminate Danish employee for mishandling company bank accounts, advised on communications with Danish police and edited termination documents.
  • Advised on new template Danish employment agreement and all relevant Danish employment law standards.

Switzerland:

  • Advised on termination of senior executive in Switzerland and drafted termination documents.
  • Advised on termination notice and severance required in Switzerland for multiple terminations, including practical next step considerations.

Multi-Country Projects:

  • Advised software company on “On-Call” policy for United States, Australia, China, Czech Republic, Germany, India, Japan, Singapore and United Kingdom.
  • Advised construction company on workplace safety laws in Malaysia, Singapore, Thailand, Vietnam and Indonesia, as well as Shanghai, Beijing, Guangzhou, Tianjin and Xi’an, People’s Republic of China.
  • Advised pharmaceutical company on workplace safety requirements in Croatia, Czech Republic, Hungary, Italy and Mexico.
  • Advised restaurant chain on law and practical considerations involved with criminal background checks in Brazil, Canada, China, Hong Kong, India, Japan, Mexico, Spain, South Korea, the Netherlands and the United Kingdom.
  • Advised company on re-organization of subsidiaries in the EU, including termination of employees and transfer of employees between entities.
  • Helped supervise project advising franchisor on franchise laws related to exclusivity, termination, and choice of law issues, in Australia, France, Greece, Italy, India, Indonesia, Korea, Malaysia, New Zealand, Philippines, Poland, Portugal, Romania, Russia, South Africa, and Vietnam.

Global Mobility:

  • Advised on and provided inpatriate agreements for French employees transferring from French parent corporation to US subsidiary.
  • Advised on comprehensive global mobility policy for multinational corporation.
  • Managed and supervise the establishment of a Shanghai subsidiary of a US parent corporation and the assignment of US expatriates to Shanghai.
  • Managed and supervise the establishment of a UK subsidiary of a US parent corporation and the assignment of US expatriates to the UK.
  • Advised on and draft secondment agreements for US and UK employees on short-term projects in Thailand, Hong Kong and Macau.
  • Advised on the transfer of Colombian employee to Chile and Canadian employee to Germany.
  • Advised on employment law issues and potential tax issues with Swedish resident of Switzerland transferring to Spain.

Independent Contractors:

  • Regularly advised clients on misclassification issues with independent contractors globally, including converting to employees and terminations with least risk.

Previous Experience:

Prior to joining Ogletree, Rebecca was Senior Corporate Counsel responsible for international employment issues in 20+ different countries for multinational software company Pegasystems Inc. She started her legal career as a litigator with Skadden, Arps, Slate, Meagher & Flom.

She is proficient in French and has lived 22 years in France, Australia, Spain, Peru, Argentina and Brazil.

Professional Activities and Speeches

Professional Activities:

  • International Bar Association
  • American Bar Association (International Section, and Labor and Employment Section)
  • Boston Bar Association

Speeches:

  • Bloomberg BNA Webinar - ''Easing the Pain of Multi-Country Payroll'' - June 14, 2017
  • Knowledge Congress Webinar - ''Employment Law: Hot Topics in Canada'' - December 01, 2014
  • Knowledge Congress Webinar - ''Independent Contractor or Accidental Employee?'' - April 21, 2014

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