In the Spotlight – Archive 2023
In the Spotlight Archives
Browse our In the Spotlight items from 2025 and beyond. Please also check out our knowledge hub for details of our latest blogs, insights and events.
December 2025
UK
UK Business Immigration – What Should Employers Know Before Responding to the Home Office Consultation on Extending Right To Work Checks?
Under current rules, a business is only liable for a civil penalty for an individual without permission for the role they are working in if they are hired under a contract of employment.
As part of its plan to clamp down on illegal working, the government published an illegal-working impact assessment (Impact Assessment) in May this year in relation to proposals to extend that liability to a wider part of the labour market to include workers, service providers matched with customers via online platforms, and individual subcontractors. Prior to these changes coming into force, the Home Office has launched a consultation, which is open to employers across the UK until 10 December 2025. Responses to the consultation are intended to inform the preparation of new Home Office guidance and the statutory code of practice that will support the new rules. Further details can be found on GOV.UK’s Extending the Right to Work Scheme webpage. The Impact Assessment document is worth a read before you respond to that consultation. The lack of clarity in the document suggests a flawed understanding on the government’s part of how difficult its proposals are to digest.
UK Right to Work Checks – What Are the Risks If an Employee Can’t Prove Their Right to Work?
In this episode of our Workforce WorldView podcast, Magali Ferreyra Alvarez and Annabel Mace explore the legal challenges businesses often face relating to an employee’s right to work in the UK. They provide practical insights on the complexities of navigating UK immigration and employment law, while managing risk and avoiding civil penalties of up to £60,000 or even criminal prosecution
Neurodiversity in the Workplace – Strength in Difference
In this episode of Workforce WorldView, Janette Lucas from our London Labour & Employment team speaks with Kate Dean, a neurodiversity and disability consultant, about the growing prevalence of diagnoses of neurodiversity – and the opportunities and challenges this presents for employers.
They explore the common misconceptions surrounding diagnoses, and provide practical steps that employers can take to move beyond compliance to create inclusive workplace environments. The conversation highlights why proactive strategies and understanding neurodiversity are essential for talent retention and organisational success.
Neurodiversity in the Workplace – How Managers Can Normalise the Conversation
In this episode of Workforce WorldView, Janette Lucas from our London Labour & Employment team speaks with Kate Dean, a neurodiversity and disability consultant, explore the practical role of line managers in creating neuroinclusive workplaces. They discuss common challenges, why it’s important to normalise talking about neurodivergence, and how simple conversations can make a big difference. The episode emphasises that good neuroinclusion practice is often just good management practice.
US
Major Changes to Employment Authorization Document Processing Will Impact U.S. Employers
U.S. Citizenship and Immigration Services (USCIS) has implemented major changes to Employment Authorization Document (EAD) policies. These updates end the automatic 540 day extension for most EAD renewals and reduce the maximum EAD validity period to 18 months for certain categories, including adjustment of status applicants, asylum seekers and refugees.
US Immigration Vetting Initiatives, Expanded Travel Bans, Social Media Mining, ESTA “Selfies” and More
In response to the horrific November attack on National Guard members in Washington, D.C. and other geopolitical events, the President and U.S. immigration agencies have implemented initiatives and rolled out proposals to expand existing travel bans and dramatically increase vetting and personnel data collection of visa applicants and travelers entering and exiting the United States. The following is a brief summary of these impactful policies.
Webinars / Recordings
Implementation of the EU Pay Transparency Directive and Key Employment Law Changes for 2026 in the Czech Republic, Poland and Slovakia
14 January 2026 | 10:00 AM Central Europe Standard Time
The clock is ticking. The EU Pay Transparency Directive is nearing its implementation deadline, and employers across the EU are either already prepared or in the process of getting ready. Although some Member States, including the Czech Republic, have not yet finalised the legislative process, larger companies will need to start collecting data from early 2026. Now is the perfect time to understand what the Directive requires and how to prepare for full compliance.
Because this topic is resonating widely in Europe, we are offering you a unique opportunity to gain a clear overview of the implementation progress and the obligations companies need to get ready for in the CEE region, presented by our Labour & Employment Practice Group experts.
The New Employment Rights Act Is Almost Here – What UK Employers Need to Know
he Employment Rights Bill is in the final stages of the legislative process and will shortly become a new act of Parliament.
Since the bill started its journey in the House of Commons last October, it has undergone several key changes, not least doubling in length!
In this webinar we explore what the final legislation will look like, and look to ensure you are in a position to support your businesses for the significant changes ahead.
November 2025
UK
UK Government Scraps Plans to Introduce “Day One” Unfair Dismissal Rights
In a significant about-turn, the UK government has announced it will not be proceeding with its plans to introduce day-one unfair dismissal rights and will instead be introducing a six-month qualifying period for unfair dismissal claims. In its press release, it said it was making these changes to ensure the Employment Rights Bill receives Royal Assent and it can keep to its published delivery timeline for the other changes in the Bill. automated.
UK Business Immigration – What Should Employers Know Before Responding to the Home Office Consultation on Extending Right To Work Checks?
Under current rules, a business is only liable for a civil penalty for an individual without permission for the role they are working in if they are hired under a contract of employment.
As part of its plan to clamp down on illegal working, the government published an illegal-working impact assessment (Impact Assessment) in May this year in relation to proposals to extend that liability to a wider part of the labour market to include workers, service providers matched with customers via online platforms, and individual subcontractors. Prior to these changes coming into force, the Home Office has launched a consultation, which is open to employers across the UK until 10 December 2025. Responses to the consultation are intended to inform the preparation of new Home Office guidance and the statutory code of practice that will support the new rules.
US
Federal Circuit Courts Split on NLRB’s Expanded Remedies
On November 5, 2025, the United States Court of Appeals for the Sixth Circuit issued an opinion in NLRB v. Starbucks Corp., joining with the Third and Fifth Circuits in finding the National Labor Relations Board (NLRB or Board) exceeded its authority under the National Labor Relations Act (NLRA) by ordering an employer to compensate an unlawfully terminated employee for any “direct or foreseeable pecuniary harms” the employee suffered as a result of her termination of employment. In refusing to enforce these remedies, the Sixth Circuit delivered the most recent blow to the NLRB’s efforts to impose more broad, far-reaching, and more financially severe remedies under the NLRB’s 2022 ruling in Thryv, Inc.
Update to the New $100,000 H-1B Fee: Who is Exempt and Who Must Pay?
One month after issuing a Proclamation entitled “Restrictions on Entry of Certain Nonimmigrant Workers” that imposed a $100,000 fee for certain H-1B visa petitions, United States Citizenship and Immigration Services (USCIS) published clarifying updates that echo similar updates from other agencies. The USCIS update is available HERE under the drop-down “Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers.”
No “Private Sector Shutdown” Exception to Pay Obligations for Private Employers (US)
On November 12, 2025, the federal government finally reopened after a 43-day shutdown – the longest in U.S. history. During the period of a government shutdown, federal employees cannot be paid and can only be paid when Congress reaches a deal and the lapse in appropriations ends. While this means that hundreds of thousands of federal employees were sent home without pay (approximately 670,000 in total) during this most recent shutdown, hundreds of thousands of “essential” employees – basically, the ones necessary to keep the country running (about 730,000 in total) – were required to continue working, without pay, with only the promise of retroactive pay when the government reopens.
Europe
So … what’s happening in Belgium meanwhile (on the employment front)?
While the new government announced fairly drastic measures on the employment front when it was formed towards the end of January 2025, most of these changes have yet to take place.
- There are however a couple of developments to report:
Bridge pension schemes (almost completely) abolished
Belgium has long applied an early retirement regime known as a ‘bridge pension‘ or, following the (unpopular) name change, the regime of ‘unemployment with company allowance‘. Under this regime, when an employee of a certain age is dismissed, they are entitled to unemployment benefits until they reach retirement age, as well as a monthly allowance payable by the former employer.
Webinars / Recordings
Labour and Employment UK Webinar Programme: Settlement Agreements
Watch the fourth webinar in our 2025 Labour & Employment UK Webinar Programme, the key legal and practical issues to consider when entering into settlement agreements in the workplace.
We will cover:
- A reminder of the basics, including when it is appropriate to use a settlement agreement and the key requirements for a binding agreement
- Settlement agreement vs COT3 agreement vs simple letter – pros and cons
- Key issues to be covered in a settlement agreement, including tax issues on termination and prohibited terms
- Practical tips on how to raise entering into a settlement agreement with employees
- Typical employee adviser pushbacks – and how to respond!
Employment Developments in the Healthcare Industry: What Healthcare Employers Need to Know
10 December 2025 | 12 p.m. – 1:15 p.m. EDT
In 2025, healthcare employers once again saw many changes to their employment law obligations. As the legal landscape for healthcare employers continues to evolve, recent increases in wage and hour litigation, changes to federal employment requirements, developments about noncompetes and antitrust obligations, and other legal shifts should be on the radar for any general counsel or compliance official in the healthcare field.
Join us as Shennan Harris and Will Kishman from our Labor & Employment Practice Group and Healthcare Industry Group unpack some of the weightiest employment law issues affecting the healthcare industry and what employers in the space can do now to practically and effectively mitigate risk.
The New Employment Rights Act Is Almost Here – What UK Employers Need to Know
11 December 2025 | 12 p.m. – 1 p.m. GMT
The Employment Rights Bill is in the final stages of the legislative process and will shortly become a new act of Parliament.
Since the bill started its journey in the House of Commons last October, it has undergone several key changes, not least doubling in length!
Join us at our webinar on Thursday 11 December 2025, to find out what the final legislation will look like, and to ensure you are in a position to support your businesses for the significant changes ahead.
October 2025
Global
Global Guide on Redundancies
The currently volatile political and economic situation across the globe is prompting many multinational businesses to review their workforce strategies.
If employer surveys are to be believed, many businesses are planning to cut jobs over the next 12 months as a means of managing rising costs and coping with the current uncertainty, with certain sectors more likely to be impacted than others. Similarly, businesses are actively choosing to exit or reduce operations in jurisdictions which are heavily regulated such that the cost of compliance is high. Further job losses are also expected as the unstoppable rise of artificial intelligence (AI) means that more tasks are being automated.
UK
UK Business Immigration – further White Paper changes on the way
Yesterday the Government announced several updates to the Immigration Rules that will impact business immigration planning. These changes will come as no surprise as many of them were detailed in the Immigration White Paper on 12 May and which we wrote about here.
UK Labour & Employment Quarterly Board Briefing – Looking to Q4 2025 and Beyond
We know that employment law and people issues are increasingly a strategic priority for boards, as they grapple with fast-moving legislative and regulatory changes in challenging economic conditions.
Our Quarterly Board Briefing includes a tracker, which aims to provide boards with a guide to key upcoming legal changes, including critical dates, suggested actions and an assessment of any risk/opportunities arising.
When whistleblowers go bad – tips for employers (UK)
Some useful pointers for employers in the handling of protected disclosures, courtesy of the EAT’s recent decision in Argence-Lafon -v- Ark Syndicate Management Limited, a sad example of what happens when an employee lets his unshakeable belief in his own rightness cost him his sense of perspective and ultimately his job.
US
Labor Law Update: the NLRB’s Continued Lack of a Quorum, States’ Responses to the Quorum-less NLRB, and a Federal Court Enjoins California’s Prohibition on Captive Audience Meetings
As the National Labor Relations Board (“NLRB”) remains hamstrung by a months-long lack of quorum, the dynamics of U.S. labor relations are shifting in real time. States are moving to fill the void by enacting laws that test the boundaries of federal preemption and reshape the federal framework that traditionally governs labor matters. At the same time, federal courts are beginning to push back on state efforts to intervene in labor matters.
From Oyster Shuckers to Firefighters: DOL’s New Opinion Letters Clarify FLSA and FMLA Standards
As part of the U.S. Department of Labor’s opinion letter program, the Department’s Wage and Hour Division recently issued four opinion letters aimed at bringing clarity, uniformity, and transparency to the application of federal labor standards.
White House Rolls Out “Gold Card” Immigrant Visa Program
On September 19, 2025, President Trump issued an Executive Order (EO) establishing the “Gold Card” program, designed to facilitate and expedite the immigrant visa (“green card”) process for individuals who make a $1 million donation (or $2 million if made by a corporation on behalf of the individual) to the United States.
Europe
Netherlands Delays Implementation of Pay Transparency Legislation
The Dutch government has announced that the target date for introducing domestic legislation to implement the Pay Transparency Directive is now 1 January 2027, instead of 7 June 2026 as required under the Directive.
The Netherlands was one of the first member states to publish draft implementing legislation – see our previous blog here. It says it is working on a careful implementation of the Pay Transparency Directive, but that the original planned timeline for timely implementation of the Directive has proven unfeasible – possibly not helped by the collapse of the Dutch government on 3 June.
Asia Pacific
To What Extent is a Labour Hire Company Liable for a Safety Incident? Court Fines Company AU$400,000 for “Blindly Sending” Workers Into Hazardous Workplace
The recent judgment of Safework NSW v BI Australia Pty Ltd in the District Court of NSW may rewrite the rules for labour hire companies and what is required for them to meet their work health and safety (WHS) obligations.
In the decision, a Sydney-based labour hire company was issued with a AU$400,000 fine, almost double the penalty imposed on the host company, for the same incident in which a labour hire worker was injured.
Federal Court Decision in FWO v Woolworths & Coles – What You Need To Know About Annualised Salaries and Set-off Arrangements
On Friday 5 September 2025, the Federal Court of Australia handed down a significant ruling on employers’ use of salary setoff clauses in Fair Work Ombudsman v Woolworths Group Limited & Ors.1
In a detailed 195 page ruling, the court clarified that statutory provisions under the Fair Work Act 2009 (Cth) (FW Act) and relevant modern awards impose strict limits on the operation of such set-off clauses, mandating full and timely payment of entitlements in each pay period without cross-period pooling or deduction.
Webinars / Recordings
Labour and Employment UK Webinar Programme: Reasonable Adjustments – What Are They, What Is Required?
Watch the third webinar in our 2025 Labour & Employment UK Webinar Programme, where we explore when the duty to make reasonable adjustments is triggered and how far employers must go.
The Equality Act 2010 places an obligation on employers to make “reasonable adjustments” to the workplace and working practices, as well as arrangements, for disabled employees.
Labour & Employment UK Webinar Programme: Settlement Agreements
12 November 2025 | 12 p.m. – 1 p.m. GMT
Join our webinar, where we will explore the key legal and practical issues to consider when entering into settlement agreements in the workplace.
We will cover:
- A reminder of the basics, including when it is appropriate to use a settlement agreement and the key requirements for a binding agreement
- Settlement agreement vs COT3 agreement vs simple letter – pros and cons
- Key issues to be covered in a settlement agreement, including tax issues on termination and prohibited terms
- Practical tips on how to raise entering into a settlement agreement with employees
- Typical employee adviser pushbacks – and how to respond!
Webinar | Employment Developments in the Healthcare Industry: What Healthcare Employers Need to Know
19 November 2025 | 12 p.m. – 1 p.m. GMT
The Employment Rights Bill is in the final stages of the legislative process and will shortly become a new act of Parliament.
Since the bill started its journey in the House of Commons last October, it has undergone several key changes, not least doubling in length!
Join us at our webinar on Wednesday 19 November 2025, to find out what the final legislation will look like, and to ensure you are in a position to support your businesses for the significant changes ahead.
We will cover:
- The key employment law reforms, including what has changed from earlier versions of the bill, and the potential implications for employers
- The government’s proposed implementation timetable, including key consultations
- Potential challenges for employers and practical steps to prepare for them
September 2025
US
Federal Judge Electively Terminates Religious Challenge to Abortion-Related Employment Protections Pending Fifth Circuit Viability Determination
Since its enactment in 2023, the Pregnant Workers Fairness Act (PWFA) and its 2024 implementing regulations have drawn a firestorm of criticism from religious and faith-based employers over its employment-related protections for employees seeking or obtaining an abortion. If the recent spate of decisions from within the Fifth Circuit is any indication, the legal tempest shows no sign of relenting.
Sixth Circuit Raises the Bar for Employer Liability for Client-Based Harassment
The Sixth Circuit’s recent decision in Bivens v. Zep, Inc. set forth a significant departure from circuit precedent regarding employer liability for third-party harassment and signaled a potential opening for other courts to challenge the authority of the U.S. Equal Employment Opportunity Commission’s (EEOC) guidance in this area.
Ohio Adopts “Mini-WARN” Act Requiring Advance Notice of Termination to Covered Employees
On July 1, 2025, Ohio Governor Mike DeWine signed House Bill No. 96 into law. Although that law generally relates to setting Ohio’s operating budget for the 2026-2027 fiscal year, it also includes a “mini-WARN” provision which will require covered employers to provide notice to certain employees affected by plant closings and mass layoffs in Ohio starting September 29, 2025.
#Side Hustle: Employee Influencers and Side Gigs – What Employers Need to Know
Social media influencers are everywhere – TikTok, Instagram, even LinkedIn – and employers are taking notice. And it’s not just professional content creators and celebrities – everyday employees are also building followings and shaping opinions online, including in ways that directly implicate their employers’ brands.
Rule Abandoned, Crackdown Continues: The Federal Trade Commission’s New Non-compete Strategy
We’ve been updating on developments involving the Federal Trade Commission’s (FTC) proposed rule banning nearly all employee non-competition agreements since it was first announced in January 2023 (see here), thereafter enjoined on a limited basis by a Texas federal court in July 2024 (see here), and then enjoined on a nationwide basis in August 2024 (see here and here).
States Move To Address NLRB’s Inability To Act, But Legal Challenges Are To Come
Update (9/15/2025 4 p.m. ET) – On September 15, the National Labor Relations Board (NLRB) filed a lawsuit against the State of New York and its Public Employment Review Board in a New York federal court seeking a declaratory judgment and an injunction against New York’s recently-passed law regulating private sector labor relations when the NLRB lacks a quorum. The lawsuit contends that New York’s law is preempted by the National Labor Relations Act and creates an unenforceable “parallel regulatory scheme that undermines the federal labor policy Congress designed to be national in scope.”
When Does the Remote Workday Begin and End?
Remote work has become significantly more prevalent in recent years. What began as a necessity during the pandemic has evolved into a mainstream practice, with many organizations embracing hybrid or fully remote workforces to attract and retain talent. However, this trend also creates uncertainty for employers around wage-and-hour compliance, such as tracking hours worked and ensuring proper overtime compensation.
UK
Why Are UKVI Audits on the Rise – and What Should Sponsors Expect?
With over 1,000 Home Office staff redeployed to UK Visas and Immigration (UKVI) enforcement teams, and an 81% rise in the number of civil penalties issued in early 2025, employers, as well as those who are sponsors, face heightened scrutiny. Osheenn Giam and May Cheung from our Business Immigration team explore this sharp increase in UKVI compliance audits and enforcement actions, outlining what sponsors need to prepare for, along with common pitfalls – and how to stay compliant.
August 2025
US
California Employers Face New Challenges for HR Data Processing
On June 30, 2025, the California Civil Rights Council (CRC) secured final approval for regulations addressing employment discrimination resulting from the use of artificial intelligence and other algorithms that it collectively refers to as Automated-decision Systems (ADS).
Supreme Court of California Concludes That Only Willful, Grossly Negligent, or Fraudulent Failure by an Employer to Timely Pay Arbitration Fees Results in a Loss of Arbitral Rights
In Hohenshelt v. Superior Court, No. S284498, the Supreme Court of California addressed whether the Federal Arbitration Act (“FAA”) preempts California Code of Civil Procedure section 1281.98, a provision within the California Arbitration Act that governs the payment of fees in employment and consumer arbitrations.
US State Law Roundup
The first half of 2025 is off and running with U.S. state and local jurisdiction employment law developments concerning topics such as paid sick leave, family leave, restrictive covenants, anti discrimination and AI, pay stub requirements, gender identity protections, and meal and rest breaks, to name a few.
Federal Judge Electively Terminates Religious Challenge to Abortion-Related Employment Protections Pending Fifth Circuit Viability Determination
Since its enactment in 2023, the Pregnant Workers Fairness Act (PWFA) and its 2024 implementing regulations have drawn a firestorm of criticism from religious and faith-based employers over its employment-related protections for employees seeking or obtaining an abortion. If the recent spate of decisions from within the Fifth Circuit is any indication, the legal tempest shows no sign of relenting.
Federal Court Finds EEOC Premature Right-to-Sue Letter Invalid
A New York federal court recently ruled in Cecilia Prichard v. Long Island University that the U.S. Equal Employment Opportunity Commission (“EEOC”) must conduct a fulsome investigation of an employee’s allegations of discrimination before authorizing the employee to file a lawsuit in federal court.
Sixth Circuit Raises the Bar for Employer Liability for Client-Based Harassment (US) | Employment Law Worldview
The Sixth Circuit’s recent decision in Bivens v. Zep, Inc. set forth a significant departure from circuit precedent regarding employer liability for third-party harassment and signaled a potential opening for other courts to challenge the authority of the U.S. Equal Employment Opportunity Commission’s (EEOC) guidance in this area.
Asia Pacific
Unfair Contract Term Applications in the FWC – Emerging Legal Protections for Independent Contractors
This update explores the Fair Work Commission (FWC)’s new powers under the Fair Work Act 2009 (Cth) to address unfair contract terms in services contracts involving independent contractors.
Europe
Navigating Updates to Belgian Business Immigration Law – Is Your Company Prepared?
Belgium is streamlining its business immigration law while tightening eligibility for Belgian work visas. We join Rob Hermans and Marga Caproni as they explore recent Belgian immigration law changes at the federal and regional levels.
July 2025
UK
Investigating Sexual Harassment at Work – How Should I Handle Allegations Against Senior Employees?
Most organisations will need to conduct investigations into allegations of harassment at work at some point. While these workplace investigations are inherently complex and require a careful, sensitive approach, sexual harassment allegations against employees, particularly senior employees, can introduce additional complexity. Chris Kelly and Hannah Laming discuss the challenges you are likely to face when addressing such allegations.
Better Late Than Never? The Financial Conduct Authority (FCA) Continues Its Crackdown on Non-financial Misconduct in Financial Services
On 2 July 2025, the FCA finally issued its long-awaited next steps document (CP25/18: Tackling non-financial misconduct in financial services) on the proposed new guidance on non-financial misconduct (NFM).
UK Employment Rights Bill: Latest Position
On 7 July, further changes to the Employment Rights Bill were published for consideration by the House of Lords at Report Stage later this month, including a number of amendments by Baroness Jones of Whitchurch on behalf of the government. We understand that it is only these changes that are likely to make it into the final version of the Bill and we set out below the key changes to note.
We have also updated our “key changes table” with these latest developments so you have everything in one place.
US
White House Makes Key NLRB Nominations, Opening Door for NLRB to Operate at Full Capacity
The White House has nominated two additional members to the National Labor Relations Board, in a move that should help the Board operate in full capacity soon after it has lacked a quorum for most of this year.
NYC Incorporates and Enhances NYS Paid Prenatal Leave Requirements
As readers of this blog know, on January 1, 2025, New York became the first state in the country to require a separate bank of paid leave specifically for prenatal healthcare services. The Paid Prenatal Leave (“PPL”) law guarantees 20 hours per year of paid leave for eligible employees to attend pregnancy-related healthcare appointments such as physical exams, medical procedures, monitoring/testing, pregnancy-related discussions with a health care provider, end of pregnancy care, and fertility treatments, including in vitro fertilization.
With the NLRB Unable To Decide Cases, States Move to Fill the Void (US)
As readers of this blog know, on January 1, 2025, New York became the first state in the country to require a separate bank of paid leave specifically for prenatal healthcare services. The Paid Prenatal Leave (“PPL”) law guarantees 20 hours per year of paid leave for eligible employees to attend pregnancy-related healthcare appointments such as physical exams, medical procedures, monitoring/testing, pregnancy-related discussions with a health care provider, end of pregnancy care, and fertility treatments, including in vitro fertilization.
Europe
The Pay Transparency Directive: The Key Role of Workers’ Representatives
Last week, we were joined by clients and contacts, as well as members of our European Labour and Employment team, for a roundtable discussion on the likely role of workers’ representatives under the Pay Transparency Directive.
With just under 12 months to go until the Directive comes into force, affected businesses should be planning for how they will meet their new obligations.
Poland: Pay Transparency Directive Implementation From 24 December 2025
An act partially implementing the Pay Transparency Directive has been published and will enter into force in Poland on 24 December this year.
The act focuses on the pay transparency aspects of the Directive. Implementation details for aspects of the Directive relating to job evaluation and reporting are still awaited, with the government indicating that it intends to present a more comprehensive bill following the conclusion of the work by its working group by the end of 2025.
Asia Pacific
New Legal Exposure for Hotel Employers – How to Stay Off the Front Page
A recent High Court of Australia decision just rewrote the rulebook for employers – and hoteliers should take note.
The court1 overturned longstanding precedent, confirming that employers can now be held liable for psychiatric injury caused by breaches of employment contracts.
The result? AU$1.45 million in damages awarded to an employee – covering lost past and future earnings, plus pain and suffering.
For hotel owners and operators, the message is clear – the four walls of your HR department are just as costly as your empty rooms.
Webinars / Recordings
UK Business Immigration – The Government’s White Paper: “Restoring Control Over the Immigration System” and Other Policy Changes
On 12 May 2025 the government published a white paper setting out wide ranging proposals which it says are intended to “restore order, control and fairness to the system, bring down net migration and promote economic growth”. These proposals and accompanying policy changes will have a significant impact on UK employers. Key themes include:
- Linking immigration with domestic skills and training requirements to reduce over reliance on overseas labour
- A renewed focus on enforcement including a targeted ‘crackdown’ on illegal working
France’s New Class Actions Regime – Implications for Employers
Earlier this year, France introduced significant changes to its class actions regime, including extending the scope for trade unions and associations approved by the French administration to bring class actions against employers.
The new provisions came into force on 2 May 2025, and affect class actions in a variety of areas, including consumer, environmental and employment law.
June 2025
Global
Global Snapshot – Hot Employment Law Topics for 2025 – Mid Year Update
At the start of this year, we asked the partners across our global Labour & Employment practice to identify the key employment law topics for 2025 in their particular jurisdiction. Six months on, we thought it would be useful to provide a “midyear update”, as we are aware that in certain jurisdictions there have been further legislative and/or political developments which mean there are new issues for companies to be aware of.
UK
The Employment Rights Bill – Impact on Insolvency Practitioners and Restructuring
This insight highlights the key changes introduced by the recent Employment Rights Bill (Bill) that insolvency practitioners must take into account when considering a proposed restructuring. We outline how the new legislation enhances employee protections and the impact – particularly around redundancy procedures, consultation obligations and the preservation of employment rights – and we explain how these might impact a proposed restructuring
Handling Workplace Investigations Webinar – Follow-up Questions Answered, Part 4 (UK)
Here are the last couple of questions – and our outline answers – following our recent webinar on Handling Workplace Investigations.
US
US Employers Must Submit 2024 EEO-1 Data to the EEOC by June 24, 2025
Data collection for 2024 EEO-1 Component 1 filing opened on May 20, 2025. Employers have until Tuesday, June 24, 2025 to submit their data to the agency.
Florida’s Employer-Friendly “CHOICE” Act Establishes New Protections for Garden Leave and Noncompete Agreements (US)
Squire Patton Boggs Summer Associate Daniel Doherty details how new legislation in Florida will impact employers’ use of garden leave and noncompete agreements in the Sunshine State.
On April 24, 2025, Florida lawmakers passed business-friendly legislation that impacts Florida’s regulation of noncompete and garden leave agreements and expands employer enforcement power for such agreements.
President Trump Announces New Travel Ban
On June 4, 2025, President Trump announced a new travel ban through a proclamation titled “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” The ban, which echoes his 2017 efforts to restrict entry to the United States for nationals of certain countries deemed to be national security risks, expands the number of affected countries and divides them into two categories: Full Suspension of Entry and Partial Suspension of Entry. It will go into effect on June 9, 2025 with no announced end date.
Supreme Court Eases Burden Of Proof In “Reverse Discrimination” Claims (US)
On June 5, 2025, the United States Supreme Court issued its opinion in Ames v. Ohio Department of Youth Services, No. 23-1039, reviving a lawsuit brought by a heterosexual female employee who alleged she was discriminated against by her employer in favor of less qualified gay candidates. The decision conclusively establishes that the evidentiary burden in so-called “reverse discrimination” cases is identical as in cases brought by members of minority race, gender, and sexual orientation groups.
Europe
New Proposed Dutch Self-Employment Legislation
On 3 April, a new legislative proposal by the political parties VVD, D66, CDA and SGP was published for consultation. It aims to bring long-awaited clarity to the legal status of self-employed individuals in the Netherlands. It partially replaces a previous proposal by the Dutch government (Wet verduidelijking beoordeling arbeidsrelaties en rechtsvermoeden; WVBAR) which addresses similar issues but had been subject to criticism from some stakeholders, including the Dutch Council of State. The political parties submitting the new legislative proposal believe it provides for a clearer framework than the WVBAR for determining the legal status of a working relationship.
Implementation of the EU Pay Transparency Directive – Where Are We Currently?
With 12 months to go until the Pay Transparency Directive comes into force, we are starting to see steps being taken in some EU member states to prepare for its implementation. Progress is, however, still rather slow. This is not a reason for employers not to take action! We would continue to urge affected companies to be taking steps now to comply with the requirements of the Directive.
Webinars / Recordings
Labour & Employment UK Webinar Programme: Managing Redundancies (Small Scale)
Watch our webinar, where we explore the key legal and practical issues to be aware of when managing small-scale redundancies, i.e. when collective redundancy consultation obligations are not triggered.
May 2025
UK
UK Labour & Employment Quarterly Board Briefing – Looking to Q3 2025
We know that employment law and people issues are increasingly a strategic priority for boards, as they grapple with fast-moving legislative and regulatory changes.
Our Quarterly Board Briefing includes a tracker that aims to provide boards with a guide to key upcoming legal changes; including critical dates, suggested actions and an assessment of any risk/opportunities arising.
UK Government Seeks Views on Mandatory Ethnicity and Disability Pay Gap Reporting
The UK government has this week issued a consultation seeking views on how to introduce mandatory ethnicity and disability pay gap reporting for large employers.
The responses to the consultation (which closes on 10 June) will help inform the government’s approach to the new Equality (Race and Disability) Bill, due to be published later this year. It will be launching a separate call for evidence on making the right to equal pay effective for ethnic minority and disabled people, as well as other areas of equality law.
Flex Appeal: The Battle for Hybrid Working
With much in the press concerning hybrid working – and the significant shift in just how much of it employers are willing to allow – Sean Field-Walton and Sarah Wilkinson from our UK Labour & Employment team discuss this sometimes thorny issue, and what you need to be thinking about as you navigate your way through it.
UK Business Immigration – The Immigration White Paper is here
The government’s long awaited White Paper Restoring Control over the Immigration System has been published today. As part of the Home Secretary’s foreword in the Paper, she states that the plan will “restore order, control and fairness to the system, bring down net migration and promote economic growth”. The proposals signal a marked tightening of the UK’s approach to both legal and illegal migration, or so it says, as the Paper lacks much of the detail which would be required to substantiate that.
As an Employer, Am I Obliged To Sponsor a Skilled Worker?
This is a question we have heard more and more in recent years, as the cost of sponsorship has risen – and the number of sponsorship-eligible jobs has increased. Our latest Workforce Worldview podcast sees Carine Elliott discussing the issue with Annabel Mace – who is both an immigration and employment lawyer, so ideally placed to pick apart the details.
US
California Court of Appeal Affirms Enforceability of Prospective Meal Period Waivers
In a ruling that clarifies a previously unsettled area of California employment law, a California Court of Appeal affirmed the enforceability of written, prospective meal period waivers for shifts between five and six hours long. The April 21, 2025 decision in Bradsbery v. Vicar Operating, Inc. explained that advanced “blanket” waivers are valid under the law if freely revocable and absent evidence of coercion or unconscionability. For California employers, Bradsbery provides much-needed guidance on how to properly implement meal period waivers in compliance with the law.
NLRB General Counsel Expands Paths for Settling ULP Cases, and Realigns Board Practice for Seeking Expanded Remedies
The National Labor Relations Board’s top enforcement official has issued important guidance, which should make it easier for parties to settle unfair labor practice charges, and which narrows the situations where the Board will seek unique expanded remedies.
Europe
Germany: Bureaucracy out, Digital in? The new Government’s plans for labour and employment
After long negotiations between the Christian Democrats and the Social Democrats, the parties agreed to establish a coalition to form the new government and Friedrich Merz was eventually elected on 6 May 2025 as new Chancelor of Germany. The coalition agreement published by the parties offers insight into their agenda. While not the primary focus of the agreement, there are several initiatives that aim to address certain labour and employment issues of relevance to the German market.
Belgium’s Private Investigations Act: Is Your Internal Investigations Service in Focus?
In December 2024, the new Private Investigations Act came into force. The Act replaced the Private Detectives Act of 1991 and was long overdue, considering how much has changed in the world of private investigations. The 1991 law focused on detectives as sole practitioners, think Columbo or Magnum P.I., a world of uncertain ethics, periodic violence and grubby raincoats, most of which no longer exists outside the small screen. The new Act aims to modernise the applicable legal framework in light of new investigation methods and bring it into line with the General Data Protection Regulation (GDPR), though sadly not to address the traditional private detective issues of implausible dialogue and unhappy dress choices.
Asia Pacific
Spotlight on: Changes to Childcare and Parental Leave
Japan – Amendments to the Childcare and Family Care Leave Act took effect on 1 April 2025, with further amendments to take effect on 1 October 2025.
Singapore – Amendments to the Child Development Co-Savings Act 2001 took effect on 1 April 2025.
Indonesia – Law No. 4 of 2024 regarding Maternal and Child Welfare During the First Thousand Days of Life took effect on 2 July 2024 (Law 4/2024).
Australia – Amendments to the unpaid parental leave (UPL) provisions in the Fair Work Act 2009(Cth) (FW Act) took effect on 1 July 2023.
Webinars / Recordings
Labour & Employment UK Webinar Programme: Managing Redundancies (Small Scale)
11 June 2025 | 12 p.m. – 1 p.m. BST
Join our webinar where we will explore the key legal and practical issues to be aware of when managing small-scale redundancies, i.e. when collective redundancy consultation obligations are not triggered.
We will cover:
- What constitutes a fair procedure, including pooling, selection and consultation
- The duty to “bump” or offer alternative employment – how far must you go?
- The practical steps employers can take to ensure their redundancy programmes stand up to scrutiny before an employment tribunal
- Lessons from recent cases, as well as practical advice and tips from recent redundancy exercises we have advised on
France’s New Class Actions Regime – Implications for Employers
1 July 2025 | 1 – 1:45 p.m. BST | 2 – 2:45 p.m. CEST | 8 – 8:45 a.m. EDT
Earlier this month, France introduced significant changes to its class actions regime, including extending the scope for trade unions and associations approved by the French administration to bring class actions against employers.
The new provisions came into force on 2 May 2025, and affect class actions in a variety of areas, including consumer, environmental and employment law. Crucially, from an employment law perspective, they expand the type of claims that can be brought. As highlighted above, trade unions and certain associations that meet specific criteria to be approved by the French administration have the right to bring class actions on behalf of employees. They will be able to bring claims in a wider variety of circumstances, including where they allege that an employer has breached its contractual obligations towards its employees.
UK Business Immigration – How To Protect Your Business From Being Caught Out in the “Crackdown”
The Home Office is clearly on a mission to get tough on illegal working – press releases and headlines announcing new measures clamping down on “rogue” employers are a regular occurrence. At the same time, the government faces mounting pressure to reduce legal migration. Changes to salary thresholds in 2024 have already led to a significant drop in Skilled Worker visa applications and the Home Office has further committed to “tackling the root causes behind the UK’s long-term reliance on international workers and action to link migration policy with skills and wider labour market policy”.
April 2025
UK
Right to Work Compliance: Are UK Employers Keeping Up?
On Sunday, the government announced an extension of Right to Work (RTW) checks to businesses hiring gig economy and zero-hours workers, which we covered here. Just two days later, it released a report – an essential safeguard against illegal working.
US
What is the Current Minimum Wage for Federal Contractors? (US)
Among the flurry of Executive Orders signed by President Trump since he took office is an March 14, 2025 Executive Order rescinding 18 prior executive orders and actions, including Executive Order 14026, a Biden-era order increasing the minimum wage for federal contractors to $17.75. Now that Executive Order 14026 has been rescinded, many federal contractors have been left wondering what the current minimum wage is for their employees.
U.S. State Employment Law Developments, Reminders, and (Rapidly Approaching) Deadlines (US)
As we reported at the end of 2024, there are a number of critical employment law developments that will affect U.S. employers in the next several months, and, for some employers, in the next several days. Though not an exhaustive list, we focus here on some key upcoming deadlines for employers in Q2 and Q3 2025.
Best Practices for Employers When Implementing a Reduction in Force (US)
Laying off employees – also referred to as a reduction in force or a RIF – is one of the most difficult decisions an employer can make. Whether driven by economic conditions, organizational restructuring or pivots in business strategy, RIFs inherently create legal risks and significantly impact workplace morale.
Update: US Supreme Court Stays Lower Courts’ Orders Reinstating NLRB and MSPB Members, Removing Them Once Again (US)
For the first—but not last—time, the US Supreme Court weighed in on President Donald Trump’s removal of Gwynne Wilcox, a Biden-appointed National Labor Relations Board (NLRB) member (whose removal we discussed in a prior post), and Cathy Harris, a Biden-appointed Merit Systems Protection Board (MSPB) member.
New Immigration Registration Rule for Foreign Nationals (US)
Effective April 11, 2025, certain foreign nationals in the US must register online with the Department of Homeland Security (DHS), while others are already registered based on their status. This requirement is based on a 1940 law that mandates every foreign national who is in the US for 30 days must be registered and fingerprinted and DHS issued an Interim Final Rule (IFR) to update the registration regulations, introducing a new online process for unregistered foreign nationals.
Eighth Circuit Holds Minnesota Human Rights Act Does Not Apply to Out-of-State, Remote Employee: What All Employers Need to Know (US)
Although the meteoric rise in remote work prompted by the COVID-19 pandemic appears to have plateaued and may even be scaling back as employers press return-to-office policies, the reality is that many employees still work, and will continue to work, remotely.
Europe
Spain’s Digital Nomad Visa – Who Is It For and How Does It Work?
For those with remote jobs who could work just about anywhere – and would like to do so from Spain – the Digital Nomad Visa may be very attractive. So, in this episode of Workforce Worldview, Marta Extremera and Juan Nasarre from our Madrid employment and immigration team discuss the procedures and requirements needed for a successful application, as well as outlining the benefits.
Dutch Government Issues Draft Pay Transparency Legislation
EU member states have until 7 June 2026 to introduce local legislation implementing the Pay Transparency Directive. As per our recent blog, to date there have been very few developments on this front, but we are now starting to see the publication of draft legislation.
Webinars / Recordings
How Is AI Changing the Geopolitical Landscape and the World Around Us?
AI is transforming the global system in ways not seen since the industrial revolution. Against a climate of significant geopolitical and economic change, how will AI affect the world we live in, from its impact on global power dynamics to the skills of the future? In this in-depth discussion, international affairs advisor Matthew Kirk and partner David Naylor discuss AI and its potential impacts on geopolitics, and how rapid advancements in AI could transform the economy, government, business and the workforce in the future.
March 2025
UK
UK Home Office Announces New Visa and Sponsorship Fees Effective April 2025
On 19 March, the UK Home Office announced increases to visa and sponsorship fees to take effect from 9 April. There are increases for most fees listed which will impact almost everyone including Skilled Worker visa holders, sponsors, and those applying for settlement and citizenship.
UK Government Seeks Views on Mandatory Ethnicity and Disability Pay Gap Reporting
The UK government has this week issued a consultation seeking views on how to introduce mandatory ethnicity and disability pay gap reporting for large employers.
The responses to the consultation (which closes on 10 June) will help inform the government’s approach to the new Equality (Race and Disability) Bill, due to be published later this year. It will be launching a separate call for evidence on making the right to equal pay effective for ethnic minority and disabled people, as well as other areas of equality law.
UK Business Immigration – Electronic Travel Authorisation (ETA) for Travel to the UK – What UK Businesses Need to Know
What Is an ETA?
An ETA is a digital permission authorising a person’s travel to the UK (linked to their passport). The introduction of ETAs is in line with the approach many other countries have taken to border security, including the US and Australia.
Non-British or Irish visitors to your UK business (including overseas employees) may need to obtain an ETA prior to travelling to the UK.
It is important to note that an ETA is not a visa and does not confer any right to work in the UK. If a person’s nationality or proposed activities in the UK require them to obtain a UK visa (including for work purposes), they must obtain the appropriate visa prior to travelling to the UK (instead of applying for an ETA).
UK Government Proposes Further Changes to Employment Rights Bill
Over the last few months, the Employment Rights Bill has been making its way through the parliamentary process. It will shortly finish its time in the House of Commons and move on to the House of Lords for further consideration.
The perils of interpreting your own rules too strictly, especially when they don’t exist
So here it is, 2025’s first serious contender for the What On Earth Were They Thinking? Awards, an unfair dismissal case with a common-sense answer so clear you could see it from Mars, but which it nonetheless took five years and the Court of Appeal to arrive at.
What next for Diversity and Inclusion initiatives in Financial Services?
As was widely reported in the press, the FCA and Prudential Regulation Authority both recently issued announcements (FCA announcement / PRA announcement), the contents of which are variously being reported as “a retreat from efforts to help under-represented groups” (as per the Guardian) and, by contrast, a welcome “response to criticism that [the proposed new rules on D&I] would add an onerous reporting burden for firms and create overlap with government proposals to legislate in this area” (as per the Financial Times).
US
Blocked DOL Overtime Rule Set for Review in the Fifth Circuit
On February 28, 2025, the US Department of Labor (DOL) appealed a December 2024 Texas federal trial court’s decision that blocked a Biden-era overtime rule promulgated by the DOL. This is the DOL’s second appeal following an appeal in November by the then Biden-led DOL of another Texas district court’s ruling that similarly vacated and set aside the overtime rule nationwide. Both cases were appealed to the Fifth Circuit Court of Appeals.
EEOC and DOJ Shed Light On What Constitutes “Illegal DEI”
The Trump Administration’s recent targeting of “diversity, equity, and inclusion” (DEI) initiatives in the workplace has left many employers both in the public and private sectors with uncertainty and unease regarding the scope of executive orders prohibiting “illegal DEI” and how they impact their diversity programming. Although the term “illegal DEI” has been discussed at length by the Trump Administration, it had remained undefined until March 19, 2025.
New York’s “No Severance Ultimatums Act” Sets a New Minimum Standard for Severance Agreements, Expanding Protections for New York Employees
On March 4, 2025, the New York state Senate passed S.372, the “No Severance Ultimatums Act” a first of its kind legislation which, if enacted, will require New York employers to:
- provide a minimum 21 business days for employees to review severance agreements (which is waivable by the employee), and a nonwaivable seven-day revocation period after signing, and
- notify employees of their right to consult with an attorney before signing the agreement
Fashionably Late: Implementation of the New York Retail Worker Safety Act Delayed to June 2025
On February 14, 2025, the New York Retail Worker Safety Act, initially set to take effect March 4, 2025, was amended (S.B.740), and the new effective date moved to June 2, 2025.
Update: Federal Judge Reinstates National Labor Relations Board (NLRB) Member
President Donald Trump’s removal of Gwynne Wilcox, a Biden-appointed NLRB Member (which we discussed in a prior post), has been reversed by a federal judge. On March 6, 2025, U.S. District Court Judge Beryl Howell held that the President does not have the authority to terminate NLRB Members at will, and thus President Trump’s removal of Member Wilcox violated the law. Member Wilcox’s removal had caused the NLRB to lose a quorum of three Members, meaning that since January 28, 2025, the NLRB had been without the authority to decide cases. With her status restored, that authority also has now been restored.
Europe
“Work of equal value” – if apples and pears were jobs (EU)
2023’s EU Directive 2023/970 to “strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms”, also known as the Pay Transparency Directive, must be implemented by European member states by no later than 7 June 2026.
Webinars / Recordings
The Czech Labour Code Flexi-Amendment: What You Need to Know
15 April 2025 | 10:30 a.m. – 11:15 a.m. CEDT
Join our upcoming webinar, “The Czech Labour Code Flexi-Amendment: What You Need to Know”, where we will explore the key legislative changes introduced by the recently approved flexi-update to the Labour Code. This amendment aims to increase flexibility in employment relationships and bring significant changes for both employers and employees.
Labour & Employment UK Webinar Programme: Handling Workplace Investigations – An Introduction
Watch our webinar, where we explore the key legal and practical issues to be aware of when handling a workplace investigation, whether it involves a grievance, disciplinary, whistleblowing or other employment matter.
We cover:
- The role of an investigator – Responsibilities at law.
- Planning the investigation – Scoping and objectives.
- Evidence – What should you be looking for? How much investigation is required?
- Dealing with witnesses.
- The investigation report – Access, structure and presentation.
- Findings and recommendations – Points to consider.
Sponsorship Licences: How Does the Home Office’s Guidance Affect the Cost of Sponsorship?
In this episode of our Workforce Worldview podcast, we join Osheenn Giam and May Cheung as they discuss the costs associated with sponsorship for sponsoring entities. They outline what costs are due for sponsoring an employee, what costs can be recouped from the sponsored worker and how the Home Office’s newest guidance could affect these costs.
February 2025
Global
Global Snapshot – Hot Employment Law Topics for 2025
We asked the partners across our global Labour & Employment practice to identify the key employment law topics for 2025 in their particular jurisdiction. Here is what they shared with us to help you in your decision making for 2025 and beyond.
UK
To seek a return to the office, or not to seek? Increasingly, that is the question
It is clear from the press in recent weeks that there has been a widespread shift in terms of how much homeworking employers are willing to allow and indeed, in some cases, an almost complete volte face – with numerous house-hold name employers reportedly mandating their staff to work four or five days in the office. Towards the end of last week, the BBC reported that Lord Sugar is telling workers to get their (if you’ll pardon the phrase) “bums back to the office”. Indeed, KPMG’s latest CEO Outlook at the end of 2024 revealed that
Sponsorship Licence Guidance: What Changes Should Be Reported to The Home Office?
In this episode of our Workforce Worldview podcast, we join Carine Elliot and May Cheung they discuss the guidance on what kind of changes to the employment of sponsored employees and sponsorship licence holders need to be reported to the Home Office. They go over which changes need to be reported, the deadlines for reports and details about the processes for documenting these changes in a prompt and orderly fashion.
UK Workplace Investigations: A Relatively Informal Guide, 2nd Edition
In this guide, we will take a look at the vexed area of workplace investigations. We will look at the background law, of which there is very little, and at best practice guidance, of which there is more than can possibly all be useful. We will offer some examples of investigations done badly and consider when and how it may be sensible to use someone outside the business. While we will hopefully take some of the anxiety out of doing these things yourself, we will also offer to do them for you, and explain why that can make legal as well as practical sense.
“Stupidly rhetorical” online posts –your employer’s rights to react (UK)
In these days of fevered and angry social media comment on almost everything, it is always wise for HR to keep its feet anchored firmly on the ground when all that online bile and indignation washes up at the employer’s door. Here to help with that is this week’s Court of Appeal decision in Higgs – v – Farmors School & Others, a case bulging at the seams with KCs (five!) and abstruse legal analysis.
Neonatal Care Leave and Pay: 10 Things You Need to Know (UK)
A new statutory right for employees to take paid leave from work if their children are admitted to neonatal care will be coming into force from 6 April.
This new right to neonatal care leave and pay is being introduced in response to concerns that current statutory leave and pay entitlements do not adequately support parents whose baby is born sick or prematurely and requires neonatal care. Although parents in this situation may be able to use part of their other statutory leave and pay entitlements to be with their child, campaigners for this new right made it clear that this was causing a range of problematic impacts, with many parents saying they had been forced to return to work while their babies were still sick in hospital or required to leave work, take unpaid leave or holiday to spend time with their child. The government estimates that around 60,000 parents will be eligible for this new type of leave, of whom around 34,000 parents are likely to take it up every year.
In our latest briefing note we set out our outline answers to the key questions that employers are likely to have about neonatal care leave and pay.
US
The Department of Labor (DOL) Adopts Self-Correction for Common Retirement Plan Fiduciary Breaches
For the first time since the DOL adopted its Voluntary Fiduciary Correction Program (VFC Program) in 2002, retirement plan sponsors will be able to utilize self-correction as an efficient means to correct their most frequent compliance failures – late transmittals of participant retirement plan contributions and retirement plan loan repayments.
The DOL finalized an update to its VFC Program adding the Self-Correction Component (SCC) for these fiduciary failures and, additionally, finalized an amendment to an existing prohibited transaction exemption (PTE) that provides excise tax relief for transactions that have been self-corrected.
The SCC feature and excise tax relief become effective on March 17, 2025.
Anticipated Shift at National Labor Relations Board Begins With Rescission of General Counsel Memoranda (US)
Under the administrative scheme established by the National Labor Relations Act (NLRA)– the federal law that governs the relationship between employers, employees, and labor unions – the discretion whether to issue an administrative complaint against an employer based on an unfair labor practice charge is held by the National Labor Relations Board’s (NLRB or Board) General Counsel. The General Counsel therefore acts as the NLRB’s chief prosecutor. In that role, the General Counsel controls what issues are presented to the NLRB for decision (by deciding what issues are to be prosecuted), including those cases that may present novel issues or that provide vehicles through which to seek a change in existing federal labor law.
Federal Court Concludes States Have Standing to Challenge EEOC’s Pregnant Workers Fairness Act Rule (US)
The U.S. Court of Appeals for the Eighth Circuit ruled on February 20, 2025, in Tennessee v. Equal Employment Opportunity Commission, that seventeen (17) State attorneys general have standing to challenge the EEOC’s Final Rule interpreting the Pregnant Workers Fairness Act (the “PWFA” or “the Act”). In the first federal appellate court decision to consider the issue, the Eighth Circuit panel held that the plaintiff-States have a sound jurisprudential basis to challenge the Final Rule because the States “are the object of the EEOC’s regulatory action.”
Federal Court Blocks Key Provisions of President Trump’s DEI Executive Orders (US)
On Friday, February 21, a Maryland federal court judge in Maryland issued a nationwide injunction temporarily preventing enforcement of three key provisions of President Trump’s Executive Orders 14151 and 14173 targeting DEI programs (links below). The court found the following provisions of the Orders were unconstitutional under the First and Fifth Amendments of the U.S. Constitution.
SECURE Act 2.0 Mandatory Automatic Enrollment Requirements for New Retirement Plans Guidance Released (US)
One of the hallmarks of the SECURE 2.0 Act of 2022 (SECURE Act 2.0) legislation was to increase participation in retirement plans. On January 10, 2025, the Treasury Department and the IRS came one step closer when they announced the issuance of proposed regulations requiring automatic enrollment for new Code Section 401(k) and 403(b) retirement plans (Proposed Regulations). As background, the SECURE Act 2.0 added Code Section 414A, which provides that a retirement plan will not be qualified unless it satisfies certain automatic enrollment requirements under Code Section 414(w).
UPDATE: US DOL Order Directing Departments to Cease Enforcement of Affirmative Action Requirements of EO 11246
Following President Trump’s Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” on January 24, acting U.S. Department of Labor (DOL) Secretary Vincent Micone issued an agency Order instructing DOL employees to cease and desist “all investigative and enforcement activity” under Executive Order 11246 (Equal Employment Opportunity) as the Secretary said the DOL “no longer has any authority” under the rescinded order. The Secretary further stated that the order applies to “all DOL employees, including the OFCCP, OALJ, and ARB.”
Employment Options for Terminating or Suspending Operations in Mexico
Considering the fluidity of the current US/Mexico situation and the potential for the escalation of destabilizing tariffs, we prepared a short summary of available employment options in Mexico for companies to keep in mind as they consider their operations in that country.
Under Mexican labor law, there are primarily three ways for companies to terminate all employment in a non-unionized facility: (i) collective termination of all employment relationships, (ii) collective suspension of all employment relationships, or (iii) mutual termination of individual employment relationships.
Trump DEI Order: How Could the Administration’s Plans to Target Private Sector Impact Employers? (US)
In just his first days in office, President Donald Trump has signaled that his Administration’s efforts to curb Diversity, Equity, and Inclusion (DEI) practices will start with the federal government but may soon have sweeping impacts on the private sector. This post details President Trump’s Executive Order that directs the U.S. Department of Justice, and other agencies, to begin preparing to combat the DEI initiatives of private employers, and what’s to be expected in the months ahead.
Trump Transition: Shakeup at National Labor Relations Board Stalls NLRB Action (US)
It’s been a little more than a week since Inauguration Day, but the seismic shifts of presidential change in Washington, D.C. continue, now extending to and impacting the National Labor Relations Board (NLRB or Board). On January 28, President Donald Trump shook up the NLRB with two major personnel decisions: one anticipated, the other unprecedented.
Europe
Europe – the AI revolution is underway but not quite yet in HR?
A couple of weeks ago we asked readers of this blog to answer a couple of questions on their organisation’s use of (generative) artificial intelligence, and we promised to circle back with the results. So, drum roll, the results are now in.
Webinars / Recordings
Labour & Employment UK Webinar Programme: Handling Workplace Investigations – An Introduction
Join our webinar, where we will explore the key legal and practical issues to be aware of when handling a workplace investigation, whether it involves a grievance, disciplinary, whistleblowing or other employment matter.
We will cover:
- The role of an investigator – Responsibilities at law.
- Planning the investigation – Scoping and objectives.
- Evidence – What should you be looking for? How much investigation is required?
- Dealing with witnesses.
- The investigation report – Access, structure and presentation.
- Findings and recommendations – Points to consider.
This webinar is aimed at junior HR professionals and those who require an introduction to key areas of employment law (including managers with responsibility for staffing issues), as well as individuals who are looking to refresh their knowledge in a particular area. It will be led by directors/associates in our Labour & Employment Practice Group.
The main webinar presentation will last 55 minutes, followed by a five-minute online question and answer session.
January 2025
UK
UK Employment Law – What Is on the Agenda for 2025?
As 2025 kicks off, we thought it would be useful to summarise the key legislative developments that are anticipated to come into force during the year.
Relatively Informal Guide to Workplace Mediation (UK)
Many, many years ago I was encouraged to submit a high-profile equal pay claim to mediation. We had already won in the Employment Tribunal, but an appeal was threatened and there were going to be extended arguments about quantum even at best. To say that I was sceptical would be an understatement – after all, we had spent the thick end of two years getting to that point and were over £1 million apart from the employer. And yet, after just eight hours in mediation, it was all done – settled in less than a day.
New Year UK Immigration Overhaul: What You Need to Know
On New Year’s Eve, many were focused on celebrating the arrival of whatever 2025 may bring, but behind the scenes the Home Office introduced some significant changes to immigration policy. These updates have been quietly implemented as part of the government’s ongoing ‘crackdown’ on alleged abuse of the UK immigration system, but some could have far-reaching implications.
Sponsorship Licence Guidance: What Recordkeeping Duties Does a Sponsor Have for Recruitment?
In this episode of our Workforce Worldview podcast, we join Osheenn Giam and Annabel Mace as they discuss the new guidance for sponsoring entities when it comes to recordkeeping. They focus on which documents need to be preserved from the recruitment process of a sponsored employee.
US
US Supreme Court Clarifies Employer’s Burden of Proof for Showing Exempt Status Under the FLSA (US)
In an increasingly-rare unanimous decision, on January 15 the United States Supreme Court held in E.M.D. Sales, Inc., et al. v. Carrera that employers must prove that an employee is exempt from the minimum wage and overtime pay provisions of the Fair Labor Standard Act by only a preponderance of the evidence, and not by “clear and convincing” evidence.
President Trump Eliminates Affirmative Action and Anti-Discrimination Requirements on Federal Contractors (US)
Among the barrage of executive orders signed by President Trump upon assuming office was an order revoking a longstanding Executive Order that placed affirmative action requirements on federal government contractors. On January 21, 2025, President Trump signed an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” revoking Executive Order 11246 based on the President’s position that it perpetuated “illegal discrimination in the Federal Government.”
Europe
Labour and Employment – Hot Topics for 2025 in Spain
2025 will be a year marked by a number of important legislative developments. The most relevant of these include the following:
- Possible Increase in the Minimum Wage
- Increase In Contribution Bases
- Additional Solidarity Contribution
- MEI 2025 Contribution Increase
- Reduction of Working Time
- Prior Hearing Of The Employee In Disciplinary Dismissals
- The Supreme Court Declares That It Is Not Possible To Increase The Severance For Unfair Dismissal
Bureaucracy Relief Act – making it (slightly) easier to do business in Germany
On 1 January, the Fourth Bureaucracy Relief Act (Viertes Bürokratieentlastungsgesetz – “BEG IV”) came into effect. This legislation introduces significant changes to requirements around the form of contracts in Germany with the objective of simplifying certain administrative processes, among them the completion of employment contracts.
So what’s going on in Belgium?
Well, a lot in fact! A number of new provisions are taking effect at the start of the new year and we have tried to summarise them for you in one little blog post. Our New Year’s gift to you!
December 2024
UK
Workforce WorldView Podcast – Immigration Special 2024
In our 2024 Workforce WorldView podcasts we covered a number of hot business immigration topics facing HR and in-house employment professionals around the world.
UK Labour & Employment Quarterly Board Briefing – Looking to Q1 2025
We know that employment law and people issues are increasingly a strategic priority for boards, as they grapple with fast-moving legislative and regulatory changes – many of which have wider consequences from an ESG and/or Sustainability perspective.
UK Home Office announces new immigration compliance crackdown
Under growing pressure to tackle high net migration figures, the Home Office has published plans to clamp down on visa abuse and exploitation to be implemented through amendments to the Employment Rights Bill. These are aimed at “rogue” employers (particularly within the care sector) but are likely to affect any UK employer with a licence to sponsor overseas workers.
Managing Sickness Absence Webinar – Follow-up Questions Answered, Part 1 (UK)
During our recent webinar on Managing Sickness Absence, we received a number of questions that we will address in a few blogs over the next few days.
First off, a question on obtaining medical advice for employees who have been absent from work due to sickness.
Follow-up Questions Answered, Part 2 (UK)
Here are a couple more of the questions – and our outline answers – following our recent webinar on Managing Sickness Absence.
What advice would you give where an employee wants to return to work but the employer does not think they are able to?
Follow-up Questions Answered, Part 3 (UK)
Here are another couple of questions that were raised in our recent webinar on Managing Sickness Absence, plus our outline answers.
If an employee always uses their full sickness allowance but never goes over this, can we still have meetings and issue warnings, even if there is no evidence of an underlying medical condition?
Developments to UK immigration law in 2024
The Home Office has been very busy in 2024, making significant changes to the Immigration Rules almost every month this year.
We have published a timeline of the most notable changes that sponsoring employers should be aware of.
US
US State Law Roundup – 2024 Year-end Update
State and local legislatures have been active throughout 2024 passing laws and ordinances that will impact employers of all sizes and all industries.
Click HERE for our summary of these laws and related developments in Colorado, Illinois, Maryland, New York and elsewhere!
US Senate Rejects NLRB Chairman McFerran Nomination; NLRB Poised To Switch To Republican Majority in Early 2025 (US)
Not long after the November elections, we discussed potential changes that could come at the National Labor Relations Board (NLRB or Board) after inauguration day on January 20, 2025. Although it is a virtual certainty that President-Elect Trump will very quickly remove Jennifer Abruzzo from her position as the NLRB’s current General Counsel (the agency’s chief prosecutor who selects the cases to be heard by the Board), it was unclear whether the composition of the five-member NLRB would change in early 2025 or whether a flip in the Board majority to Republican appointees would be delayed until August 2026.
Sixth Circuit Extends Family Member Relationships Covered By Family and Medical Leave Act (US)
The Family and Medical Leave Act (FMLA) provides job-protected, unpaid time off to certain U.S. employees for pregnancy, childbirth or adoption or during periods of personal or family illness. One basis upon which eligible employees can take FMLA leave is to care for a family member with a serious health condition, but the language of the statute limits covered family members to only an employee’s parent, spouse or child. Not siblings.
“Let Us Help You Help Us Help You” – EEOC Guides Healthcare Providers Supporting Pregnant Patients Seeking Reasonable Accommodation (US)
The Pregnant Workers Fairness Act (PWFA), which became effective in June 2023, requires covered employers to provide job-related accommodations to employees for work limitations they experience due to pregnancy, childbirth or related medical conditions. (See our prior coverage here.)
Who to WARN? Does the WARN Act Apply to Fully Remote Employees? (US)
Most employers that have gone through a large-scale layoff or closed a location will tell you that WARN is their most dreaded four-letter word. Now, with the continuing and even increasing prevalence of post-COVID remote work arrangements, the question of who to WARN of mass layoffs of closures has become even more daunting.
He sees you when you’re sleeping, he knows when you’re … pregnant? EEOC Issues Guidance on Using Wearable Technologies in Compliance with Discrimination Laws (US)
In today’s rapidly evolving technological landscape, smartwatches and other wearable technology devices have progressed past being a great holiday gift for your family member with the perennial New Year’s resolution to hit the gym and are increasingly prevalent in the workplace. These devices, ranging from smartwatches to powered gloves, can enhance employee productivity and improve workplace safety.
Asia Pacific
Board Briefing Labour & Employment – Australia H2 2024
This briefing aims to provide boards with a strategic steer on key present and impending legal changes this half in Australia.
It also includes useful data for legal and HR teams to ensure they are taking action or preparing for change.
Australian High Court Rules That Employers Can Be Liable for Psychiatric Injury Caused by Breach of an Employment Contract
As of 11 December 2024, the majority in the High Court of Australia case of Elisha v Vision Australia Limited [2024] HCA 50 confirmed that an employer may be liable for psychiatric injury caused by a breach of the employment contract. In this case, the employee was awarded damages of AU$1.4 million for lost earnings, pain and suffering.
Webinars / Recordings
Australian Employment Law – 2024 Insights and 2025 Predictions
This year has seen the introduction of the most significant changes to the Australian employment law and industrial relations landscape since the introduction of the Fair Work Act 2009 (Cth).
In this webinar, our L&E team reviewed the noteworthy employment law developments of 2024 and provided our predictions on the key issues that Australian employers are likely to face in 2025.
The Sound of Ethics
On-Demand CLE Program
We invite you to experience our annual continuing legal education (CLE) program entitled The Sound of Ethics, which is available now for on-demand streaming.
The Sound of Ethics tackles trending ethical issues facing lawyers today, including the growing problem of Artificial Intelligence (AI) deepfakes, all set to a diverse and catchy soundtrack spanning more than 15 musical genres. Stream the video at your convenience and experience professional ethics like never before through this melodious masterpiece!
November 2024
UK
Maternity absentees not always protected in redundancy cases (UK)
So now we finally have a definitive answer to the question of whether being on maternity leave at the time redundancies are declared gives you priority in the selection process. That answer is no. And yes. As we can say entirely definitively, it all depends.
Right To Work Checks – What’s Changed in The Employer’s Guide
In this episode of our Workforce Worldview podcast, we join May Cheung and Annabel Mace as they discuss what you need to know about recent changes to the guidance on right to work checks. They run through what’s changed, how employers can comply with new requirements and give their thoughts on how the changes have been implemented.
Cancellation Letters: What Do You Need To Know When Your Skilled Worker Visa Gets Cancelled in the UK?
In this episode of our Workforce Worldview podcast, we join Carine Elliott and Magali Ferreyra Alvarez as they discuss the rise of visa cancellation letters in the UK, and what employees and sponsored employers need to know about the skilled worker visa cancellation process. This includes what can cause a UK skilled worker visa to be cancelled, how long the visa holder has to renew or leave the country and how cancellation letters are sent among other questions visa holders and sponsored worker employers may have.
How not to protect a protected conversation with your employees (UK)
I think I speak for many in the employment law community when I say that Section 111A(4) Employment Rights Act has always been something of a disappointment. Here we have a provision which allows the protection of a protected conversation to be blown apart by improper behaviour, a term wholly undefined in the Act, and yet the cases on the point have been far fewer than the potentially infinite field of “improper behaviour” might have led you to hope.
No Obligation for “General Workforce Consultation” in Small-scale Redundancy Exercises
Towards the end of last year, the EAT in De Bank Haycocks v ADP RPO UK Ltd caused a bit of a stir in employment law circles when it suggested that even in smaller-scale redundancy situations (i.e. where collective redundancy consultation obligations are not triggered), there should be “general workforce consultation”. Unhelpfully for employers, it did not then shed any light on what this might look like, how long it should last, who it should involve, etc.
Amendments to UK Visas & Immigration Priority Service for Sponsor changes of circumstance
As many sponsors will know, the Home Office offers a priority change of circumstances service, allowing sponsors to request by email the prioritisation of certain Home Office sponsor-related actions (many of which are vital to their being able to progress a visa application). Without this service, the standard processing time for these requests of around 18 weeks would mean that some visa applications could be stopped in their tracks.
Electronic Travel Authorisations for visitors to the UK extended to most non-EU nationalities from today
As part of its drive to digitise the UK border and immigration system, with effect from today, the UK government has now opened the process for obtaining an electronic travel authorisation (ETA) for eligible non-European nationals who must hold an ETA if travelling to or through the UK from 8 January next year.
Government’s Better Regulation Committee savages UK Employment Rights Bill provisions
Here’s a sentence you don’t see very often, but hats off to the Regulatory Policy Committee for its excoriating review last week of the thinking behind the new Employment Rights Bill.
Workforce WorldView Podcast – Immigration Special 2024
In our 2024 podcasts we covered a number of hot business immigration topics facing HR and in-house employment professionals around the world.
US
Post-Election Flash Update (US): What Employers Need to Know Today
On November 5, 2024, voters across the country weighed in on several state and local ballot measures impacting employment law, including increases to state minimum wage rates and paid sick leave mandates. Summarized below are the outcomes of the more prominent ballot measures decided by voters, including new obligations for employers in Alaska, Maine, Missouri, Nebraska and Oregon.
Deja Brew All Over Again: NLRB Overturns Decades of Precedent, Further Restricting Employer Speech (US)
Any question whether, in light of the recent election outcome, the Democrat-majority members of the National Labor Relations Board (NLRB or Board) would scale back their high-profile efforts to rewrite federal labor law to favor unions was answered only days after the election, with those members issuing a decision overruling a nearly 40-year-old case that established employers’ right to communicate with employees about the possible negative consequences of unionizing.
Another Day, Another Precedent Obliterated: NLRB Upends Decades of Established Law to Hold Captive Audience Meetings Unlawful (US)
Last week, the Democrat-majority members of the National Labor Relations Board (NLRB or Board) overruled a nearly 40-year old precedent (Tri-Cast), now making it unlawful for employers to explain to employees, even in non-coercive, non-threatening terms, the potential downside of selecting union representation (see our post here).
How Will the U.S. Election Outcome Affect Labor Law? A Deep Dive into the NLRB’s Future
The U.S. political landscape changed dramatically recently, in a way that will significantly impact labor law obligations for virtually all employers in the U.S. Republicans will control the White House and Congress come January, and Republican appointees will control the Supreme Court. By late January, Republican appointees will hold some of the key positions at the National Labor Relations Board. How will this change labor law? Some consequences are almost certain, while others are more speculative.
Federal Court Vacates U.S. Department of Labor Rule Increasing Salary Threshold for White Collar Exempt Employees (US)
Employers fearing rising labor costs can rest a little easier now after a Texas federal court struck down the U.S. Department of Labor’s (“DOL”) final rule (the “2024 Rule”), which, in July 2024, increased the minimum salary employers are required to pay employees under the executive, administrative, and professional (“EAP”), or “white collar,” exemptions to avoid paying overtime wages otherwise required by the Fair Labor Standards Act (“FLSA”), and which would have required even higher salaries to be paid starting January 1, 2025.
Trump Immigration 2.0: What the Election Means for U.S. Employers
Employers should expect changes to their immigration and hiring enforcement regimes under a second Trump administration. Based on campaign rhetoric and promises, those changes will include emboldened and focused immigration policies to remove millions of undocumented workers and tighten the legal immigration system. Below is a summary of expected employment-related immigration changes and practical steps U.S. employers can take to prepare for the next four years.
US State Law Roundup – 2024 Year-end Update
State and local legislatures have been active throughout 2024 passing laws and ordinances that will impact employers of all sizes and all industries.
Europe
Disciplinary Dismissals: Spanish Supreme Court Issues Landmark Ruling
On 18 November 2024, the Spanish Supreme Court issued a landmark ruling with significant implications for labour and employment relations in Spain.
Previously, under the Workers’ Statute, employers were not required to hold a prior hearing for employees in disciplinary dismissal cases, unless the employee was unionized or a legal representative of the employees.
Webinars / Recordings
Labour & Employment UK Webinar Programme – Effective Performance Management
Our webinar provided advice on the key legal and practical issues to be aware of when handling underperformance in the workplace.
We covered:
- A reminder of the basics – the key steps to take when managing underperformance
- Common mistakes made by managers, and how to avoid them
- Typical problems, such as an employee who raises a grievance, takes sick leave during the process or blames poor performance on health issues
If you have any questions on this topic, please contact the presenters or your usual contact in the Labour & Employment team.
October 2024
UK
Labour’s New Employment Rights Bill – Key Changes (UK)
It’s here! The UK Labour government has issued its Employment Rights Bill, heralded as “the biggest upgrade to rights at work for a generation”.
Described as a “pro-worker, pro-business plan”, most of the employment reforms outlined in this new Bill will not come as a surprise. They largely mirror previous announcements by Labour, but there are a few “biggies” in here. Furthermore, the way in which the government proposes to implement some of the changes will inevitably make things more complicated for employers.
Sponsor Licences – What Should Sponsoring Entities Do After a Corporate Change of Ownership?
Corporate Changes of Ownership – How Do They Affect UK Sponsor Licence Holders?
Sponsor licence holders are required to update the Home Office on changes relating to sponsored foreign employees, but what about when there are changes to the sponsor organisation itself? All changes in ownership must be reported, but a change in the immediate parent companies of sponsor licence holders may require a new sponsor licence. In this episode, Annabel Mace and Osheenn Giam discuss what actions are required of sponsors to ensure their sponsored workers are not negatively affected by corporate transactions and restructures.
“Day One basic employment rights” – easy for you to say, Angela (UK)
“Unfair dismissal rights from Day One”, said the Labour Manifesto, subject always to a probationary period in which terminations will not be challengeable as unfair provided that employers operate “fair and transparent rules and procedures” to provide what Angela Rayner described as “basic rights”.
US
California Legislative Year-End Review: Preparing Employers for 2025 (US)
California’s busy legislative year has come to an end, with Governor Gavin Newsom signing several new laws that will impact Golden State employers. Here, we summarize the laws expected to have the greatest impact on California employers in 2025.
Unless otherwise noted below, these new laws take effect January 1, 2025.
SB 1137: Protected Characteristics: Intersectionality
“Captive Audience” Meetings Banned By New California Law (US)
California’s legislative landscape is set to shift dramatically with the recent passage of the California Worker Freedom from Employer Intimidation Act, Senate Bill 399. Set to take effect on January 1, 2025, this new law promises to reshape the dynamics of employer-employee communications, particularly in matters related to politics and labor unions.
US Labor & Employment Webinar Series
Join us for our October US Labor & Employment Webinar Series where we will highlight some of the key issues employers are facing today and explore where the employment law landscape is headed. Approval for CLE and HRCI credit is anticipated for all three events. Continue reading this post for more detail on the events and links to register!
Europe
Taking care of business — what matters when your employees travel to and from Germany
In this mini blog series we will provide an overview of the key aspects to consider when sending one of your employees to and from Germany. First, we will take a look at short term assignments (up to six months) from an inbound and outbound perspective for citizens of certain countries outside the EU.
Asia Pacific
Platform workers: a new era of labour protection in Singapore
The Platform Workers Act coming into effect on 1 January 2025 will be a game-changer in Singapore’s labour landscape. It marks a significant step towards recognising the unique circumstances of platform workers and providing them with essential protections. As one of the first countries to establish specific safeguards for this growing workforce, Singapore is demonstrating its commitment to adapting labour laws to the evolving digital economy.
Landmark Prosecution for Psychosocial Hazards – Western Australia
The Western Australian Department of Justice has become the first employer in WA to be charged for failing to meet its obligations to manage employee psychosocial hazards in the workplace.
Read the analysis from labour and employment specialists, Kim Hodge and Steve Bowler.
Webinars / Recordings
New Duty Regarding Sexual Harassment at Work in the UK – Are You Ready?
A recent survey suggested that many employers in the UK are unprepared for the new mandatory duty to take reasonable steps to prevent sexual harassment in the workplace. With the new provisions coming into force on 26 October, employers have very little time to prepare. Come 26 October, you will either have taken the reasonable steps required or you will not, and if you have not, you will immediately be exposed. Acting now or, as a minimum, being seen to think now about whether you need to act, is a likely prerequisite of compliance with this new duty.
In this webinar recording we explored the key challenges and action points for employers arising from the new duty.
Now & Next: European Elections Special – What Do the UK and European Elections Mean for Your Workforce?
Key takeaways from our most recent Now & Next Elections Special webinar include:
- EU Pay Transparency Directive – The pay transparency directive aims to level equal pay across various European countries, including for pensions. European countries have until 2026 to transpose the directive into local legislation. Once the directive is in effect locally, companies with over 100 employees must report their employee salary range for open job vacancies and their average pay level, although the start date and frequency of reporting will depend on the size of a company’s workforce.
Labour & Employment UK Webinar Programme – Managing Sickness Absence
Managing sickness absence effectively can be challenging for employers, especially with sickness absence rates in the UK at an all-time high.
Watch our webinar for the key legal and practical issues to consider when managing employees who are absent from work because of sickness.
Labour’s New Employment Rights Bill: What UK Employers Need to Know
The UK government has recently published its Employment Rights Bill for consultation. As expected, it contains several potentially significant changes to employment law.
During our webinar on 17 October 2024 we:
- Outlined the government’s proposed employment law reforms
- Discussed what these changes would mean for business
- Identified potential challenges for employers and the issues they should be considering
Navigating the Wage and Hour Minefield: Critical Updates for In-house Counsel
29 October 2024
This webinar will review the ever-evolving landscape of wage and hour law, with a focus on recent developments. This comprehensive presentation will equip you with the knowledge and strategies needed to protect your business from costly litigation and ensure compliance with complex wage and hour regulations.
Topics covered will include:
- Overtime and regular rate of pay calculations, including FLSA requirements and California-specific rules
- Most recent developments on compensable time, covering security checks, boot-up time and the de minimis doctrine
- Critical amendments to California’s Private Attorneys General Act (PAGA) and their implications for employers
- Best practices for wage and hour compliance, including effective timekeeping systems and regular audits
This program is pending 1.0 hour of CLE.
Labour & Employment UK Webinar Programme – Effective Performance Management
14 November 2024
Join our webinar in which we will provide advice on the key legal and practical issues to be aware of when handling underperformance in the workplace.
We will cover:
- A reminder of the basics – the key steps to take when managing underperformance
- Common mistakes made by managers, and how to avoid them
- Typical problems, such as an employee who raises a grievance, takes sick leave during the process or blames poor performance on health issues
September 2024
UK
Where next for the new “right to disconnect”? (UK)
So having made a “right to disconnect” for workers a manifesto promise pre-election, the new government must now do the less glamorous work of turning a political sound-bite into actual law.
New Obligations on Employers When Allocating Tips: A Guide for Businesses in the Hospitality, Leisure and Services Sectors
The Employment (Allocation of Tips) Act 2023 will come into force on 1 October 2024, placing new obligations on employers to ensure that any tips, gratuities and service charges paid by customers are allocated to workers on a “fair and transparent basis”. The changes are expected to benefit more than two million workers across the hospitality, leisure and services sectors. The new rules will apply in England, Wales and Scotland.
Sexual Harassment Training Menu
The new mandatory duty to take “reasonable steps” to prevent sexual harassment in the workplace will come into force in October, which means the countdown is on for employers.
Come 26 October, you have either taken the reasonable steps required or you have not, and if you have not, you are immediately exposed. Acting now, or, as a minimum, being seen to think now about whether you need to act, is a likely prerequisite of compliance with this new duty.
Sponsored Workers Changing Location – What Do Sponsors Need To Do?
Those spying reference in the King’s Speech to the possible introduction of a “right to disconnect” for UK workers could be forgiven a degree of scepticism. Is such a thing really possible in a global business world? Here is the view from Australia, which is bringing in such a right next month.
How low can you go – getting over the bar to workplace protection for your beliefs
There are a multitude of decided cases concerning employees dismissed for exhibiting unattractive beliefs at work, but rather fewer about those sacked for the mere holding of them. Particularly in view of this summer’s riots, that makes the EAT’s decision this month in Thomas -v- Surrey and Borders Partnership NHS Foundation Trust a timely and welcome review of just how repellent your world-view has to be before it ceases to be worthy of legal protection.
UK Biometric Residence Permits Expiring On 31 December 2024 – What Employers Need To Know
Why Do Biometric Residence Permits Expire On 31 December 2024?
Many non-British/Irish employees with UK immigration permission will have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024. In most cases, this does not mean that their permission to stay and work in the UK expires on 31 December 2024 – only the BRP itself will expire on that date.
BRPs have expiry dates of 31 December 2024 (even if the employee’s permission expires at a later date) because the Home Office is developing a digital immigration system, which is intended to replace physical documents (such as BRPs) with online records in the form of electronic visas (eVisas) by 2025.
US
Recent NLRB Actions Reverse Course on Blocking Charges, Voluntary Recognition Bar, Section 9(a) Recognition, and Consent Orders
Over the course of just a few weeks, the National Labor Relations Board (NLRB or Board) continued its ongoing dismantling of long-standing precedent and rollback of Trump-era procedural rules. First, on July 26, 2024, the Board released the “Fair Choice – Employee Voice” Final Rule, reversing three amendments the Board made in April 2020 to its Rules and Regulations. Then, on August 22, 2024, the Board issued a split decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras, 373 NLRB No. 89 (2024) in which a Board majority ended its practice of accepting consent orders to resolve unfair labor practice complaints.
Sixth Circuit Affirms NLRB’s Expansive Interpretation of Protected Concerted Activity
We first reported in February 2023 on a surprising and alarming decision by the U.S. National Labor Relations Board (NLRB or “the Board”)—In re McLaren Macomb—which concluded that the mere proffer of a severance agreement with broad confidentiality and/or non-disparagement provisions could violate Section 7 of the National Labor Relations Act (NLRA), which protects the right of employees to engage in concerted activity for their mutual aid and protection. The decision set off alarm bells for employers that routinely include non-disclosure and non-disparagement language in their separation and release agreements, leading some employers to revise their templates and others to scuttle them altogether. Others took a more hopeful, wait-and-see approach until the U.S. Court of Appeals for the Sixth Circuit could review and opine on the merits of the NLRB’s position.
Webinars
New Duty Regarding Sexual Harassment at Work in the UK – Are You Ready?
2 October 2024
A recent survey suggested that many employers in the UK are unprepared for the new mandatory duty to take reasonable steps to prevent sexual harassment in the workplace. With the new provisions coming into force in just over a month – on 26 October – employers have very little time to prepare. Come 26 October, you will either have taken the reasonable steps required or you will not, and if you have not, you will immediately be exposed. Acting now or, as a minimum, being seen to think now about whether you need to act, is a likely prerequisite of compliance with this new duty.
Labor Law’s New Landscape: How Another Year of Groundbreaking Changes Will Affect Non-Union and Unionized Employers
8 October 2024
Labor law has experienced another year of major changes in 2024, in a way that affects both unionized and non-union employers. Non-union employers now have additional new obligations under the National Labor Relations Act. Unions are organizing new workforces – and winning – at rates unprecedented in recent history. Unions’ breakthrough wins in organizing doctors, employees at foreign-owned car manufacturers, high profile retailers and other new groups could affect the US workplace even more than their wins at high profile coffee shops. The National Labor Relations Board (NLRB) – the agency that enforces most labor laws in the US – is regulating even more areas and collaborating closely with other agencies on new matters. At the same time, courts have imposed key new limits on the NLRB, and further restrictions may be coming soon.
Labour & Employment UK Webinar Programme – Managing Sickness Absence
9 October 2024
Managing sickness absence effectively can be challenging for employers, especially with sickness absence rates in the UK at an all-time high.
Join us at our webinar where we will explore the key legal and practical issues to consider when managing employees who are absent from work because of sickness.
Emerging Employment Issues in the Healthcare Industry: What Healthcare Employers Need to Know Now
22 October 2024
Compliance with ever-changing employment laws is among the most challenging feats for any organization. Healthcare employers are no exception. As the landscape for healthcare employers continues to evolve, recent increases in workplace violence, whistleblower lawsuits and uncertainty created by regulatory “moving targets” bring mounting exposure and potential liabilities for healthcare employers in 2024 and beyond.
Join us as Carmen J. Cole and William J. Kishman from our Labor & Employment Practice Group and Healthcare Industry Group unpack some of the weightiest employment law issues affecting the healthcare industry and what employers in the space can do now to practically and effectively mitigate risk.
August 2024
UK
One model for the UK’s impending “right to disconnect”
Those spying reference in the King’s Speech to the possible introduction of a “right to disconnect” for UK workers could be forgiven a degree of scepticism. Is such a thing really possible in a global business world? Here is the view from Australia, which is bringing in such a right next month.
UK Employer Responsibilities: Skilled Worker Visas and Supplementary Employment
Some sponsored workers in the UK are permitted to work for other employers on a supplementary basis, without having to obtain a new visa. This can be helpful when hiring for hard-to-fill vacancies in the UK, but are there any restrictions that employers should be mindful of? In this episode, May Cheung and Magali Ferreyra discuss when employers are permitted to hire workers on this basis and what they should be aware of before and during the employment.
Non-financial Misconduct – A Guide for HR, Part 6 (UK): Limits to Privilege on NFM Reports to the FCA
In a recent article on the Employment Law Worldview blog we looked at how a workplace grievance can lead to a defamation claim. The judgment, whilst primarily concerned with whether such a claim could be brought in the first place, also pondered the issues around raising a qualified privilege defence in such circumstances.
Grievances in the Workplace Webinar – Follow-up questions answered Part 2 (UK)
During our recent webinar on Grievances in the Workplace, we received some questions via the chat facility. We addressed two of these here – below we have answered a few more.
What advice, guidance, or tips would you give to HR professionals when thinking about using voice recognition technology to take notes of meetings?
Retracting resignations – the mental health perspective (UK)
It is a normal principle of English employment law that clear notice of termination, once given, cannot be retracted without the consent of the other party. The few cases there are on the point relate mostly to employees resigning in a temper or when their judgement is significantly and visibly impaired through illness or drink, such that in either case the employer should reasonably have regarded the notice as not the product of a rational thought process and so not insisted on it. In those circumstances, a refusal to allow the retraction of the resignation could amount to a dismissal, usually unfair.
Americas
California Supreme Court Says Even a Single Slur by a Coworker Can Give Rise to Employer Liability for Hostile Work Environment and Retaliation (US)
The California Supreme Court in Bailey v. San Francisco District Attorney’s Office (S265223, July 29, 2024) clarified the circumstances under which a single racial slur by a coworker can lead to employer liability and further expounded on the type of conduct that can constitute an adverse employment action giving rise to a claim of retaliation. In doing so, the Court provided an important reminder of the necessity to consider the totality of circumstances whenever such claims are made, and to always take claims made by employees against coworkers seriously.
California Makes Important Changes to PAGA: Will the Amendments Finally Balance the Scales for Employers? (US)
On July 1, 2024, California Governor Gavin Newsom signed Assembly Bill 2288 and Senate Bill 92 significantly reforming California’s Private Attorney General Act (“PAGA”).
Twenty years ago, PAGA was enacted as a mechanism to allow California employees to collect penalties for Labor Code violations on behalf of the state. Since then, the statute has been weaponized by the plaintiffs’ bar, forcing employers to stare down an ever-increasing number of PAGA lawsuits in the decades since its enactment. Fed up with the notorious abuses of the statute, various industry groups proposed initiatives to repeal PAGA and implement a new set of Labor Code enforcement mechanisms which were set to appear on the November 2024 ballot.
Election Season is Upon Us: Navigating Politics in the Workplace in 2024 (US)
In today’s divisive climate, political speech in the workplace is a topic of increasing relevance and complexity. While workplace discrimination based on race, gender, religion, age, or disability has long been prohibited, discrimination on the basis of an employee’s political affiliations or beliefs is a more nuanced, often overlooked challenge since it is not among the characteristics protected under federal workplace anti-discrimination laws. As political polarization in the US intensifies, the impacts of political beliefs on professional environments are becoming more pronounced, and as the 2024 election approaches, employers are grappling with how to handle political discussions that arise in the workplace in a manner that respects individual freedoms while maintaining a productive and harmonious work environment.
What You Post on Facebook Can and Will Be Used Against You (US)
Don’t post anything online that you wouldn’t want your mother – or the Department of Labor – to see.
Anyone who once thought that Facebook was a safe place to vent grievances or insult others probably knows by now that social media is no refuge for posting something that you wouldn’t usually say, for example, to your employee. But a Vermont employer learned that lesson the hard way, with a federal district court allowing a lawsuit to move forward in which a former employee alleges that his former employer’s Facebook posts about him were unlawful retaliation. The case is Su v. Bevins & Son, Inc., Case No. 2:23-cv-560.
B-1, ESTA and Permissible Activities – How Do US Business Visas Work?
In this episode of our Workforce Worldview podcast, we join Samuel Mudrick and Gregory Wald as they discuss what you need to know about US business visas. They run through the do’s and don’ts, outlining what type of visa you need for your trip, how to get one, what it allows you to do, and – crucially – what it doesn’t.
FTC Non-Compete Ban Set Aside Nationwide (US)
On August 20, 2024, a Texas federal judge permanently barred the implementation of a controversial Federal Trade Commission (FTC) regulation that would have invalidated tens of millions of existing non-compete agreements and precluded the adoption of new covenants. The decision comes as a tremendous relief to employers that feared the FTC’s regulation would have made it nearly impossible to prevent unfair competition and protect employers’ investment in its employees and against the misappropriation of confidential and proprietary information.
Asia Pacific
New Employee Right to Disconnect – August 2024 Update
In just under a month, the new employee right to disconnect comes into operation in Australia. Employers need to be proactive and take steps to prepare for changes within their business arising from this new right. This may include updating employment contracts, implementing right to disconnect policies and educating managers, both in Australia and overseas, about how to balance commercial realities with an employee’s right to disconnect. We provide a full update in this article.
What Exactly Is “Multi-employer Bargaining”?
With many amendments to the Fair Work Act 2009 over the last 12 months, one of the major changes that has occurred is the way employers, employees and unions collectively bargain in Australia.
In particular, the concept of multi-employer bargaining has reshaped the landscape for the making of collective workplace agreements. In this article we discuss what is multi-employer bargaining and why employers should be prepared for its arrival.
July 2024
Global
Money, Money, Money: Pay Equity and Transparency – Global Trends
There is increasing pressure on companies to be more transparent about how (and how much!) they remunerate their staff, especially as greater pay transparency is seen as a key driver in reducing the gender and ethnicity pay gap.
Join us for our second virtual panel discussion in our 2024 “Global Board Issues” series, when our speakers will explore key challenges and opportunities for global companies when it comes to pay equity and transparency.
UK
Financial Services and Employment Resources: Non-financial Misconduct – What Is it and Why Do You Need To Know? (UK)
There is a direct interplay between the regulation of individuals in the financial services industry and the implications of this for their employment, their Financial Conduct Authority (FCA)-regulated employers and the employment of senior individuals within those organisations. Our team of experts regularly advises on the interaction between employment law and regulatory rules, particularly “fitness and propriety” and the FCA’s conduct rules, and the employment issues that flow from regulatory investigations.
All Change – What Labour’s Plans for Employment Law Mean for Employers: Update following King’s Speech (UK)
“It’s time for change” was Labour’s message in the run up to the election and “Action, not words” the message after it, so now the Labour Party is in power, what might this change all mean for UK employers?
UK Biometric Residence Permits Expiring On 31 December 2024 – What Employers Need To Know
Why Do Biometric Residence Permits Expire On 31 December 2024?
Many non-British/Irish employees with UK immigration permission will have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024. In most cases, this does not mean that their permission to stay and work in the UK expires on 31 December 2024 – only the BRP itself will expire on that date.
BRPs have expiry dates of 31 December 2024 (even if the employee’s permission expires at a later date) because the Home Office is developing a digital immigration system, which is intended to replace physical documents (such as BRPs) with online records in the form of electronic visas (eVisas) by the end of 2024.
Americas
New York Employment Buzz (US)
Summer is here, and while school may be out, New York employment laws are in full swing! A reminder to New York employers of new laws that have gone into effect in 2024.
New DOL Overtime Rule Goes Into Effect Nationwide For Private Employers (US)
Employers have been busy preparing and reviewing their exemptions, raising salaries, and/or making updates to their classifications to comply with the new overtime rule promulgated by the Department of Labor (DOL) that went into effect on Monday, July 1, 2024.
Federal Court Enjoins Federal Trade Commission’s Rule Prohibiting Non-Competition Agreements (US)
In January 2023, the U.S. Federal Trade Commission (FTC) proposed a sweeping rule that, with limited exceptions (such as for highly compensated executives or in connection with the sale of a business), would prohibit employers from entering into post-employment non-competition arrangements with workers.
The 2024 Revolution in Administrative Law: Chevron and Beyond
In our recent webinar our team explains the Supreme Court’s quartet of major decisions (Loper Bright v. Raimondo, SEC v. Jarkesy, Ohio v. EPA and Corner Post v. the Fed), exploring the deep consequences of these decisions and discuss the opportunities and challenges that may lie ahead including:
- What does the 2024 revolution mean for the future of the administrative state?
- What opportunities does it present for litigating against the government?
- How will it affect agency decision making?
- What does it mean for regulated businesses?
Asia Pacific
Board Briefing Labour and Employment Australia H1 2024
This briefing aims to provide boards with a strategic steer on key present and impending legal changes this half in Australia.
It also includes useful data for legal and HR teams to ensure they are taking action or preparing for change.
Can an Employee Refuse to Participate in Health Monitoring in Australia?
Over the past few years, there has been growing concern and awareness over exposure to silica dust, causing silica-related diseases such as silicosis. Businesses may not realise, but their duty of care to workers under work health and safety (WHS) laws extends to the prevention of occupational lung diseases and other risks to health arising from hazardous chemicals, through regular health monitoring. Businesses can face a penalty for contravening this duty. However, what happens when a worker refuses to participate in health monitoring and what can businesses do to ensure their compliance with the law?
Flexible Working Arrangement Disputes – What Does the Fair Work Commission Say?
Effective from 6 June 2023, as part of the changes made through the Australian federal government’s “Secure Jobs, Better Pay” legislation, the Fair Work Act’s flexible working arrangement (FWA) provisions were amended to:
- Expand the circumstances in which an employee may request an FWA
- Increase an employer’s obligations when considering an employee’s request
- Introduce dispute resolution provisions that empower the Fair Work Commission (FWC) to make orders where an employer refuses an employee’s request
June 2024
Global
Money, Money, Money: Pay Equity and Transparency – Global Trends
There is increasing pressure on companies to be more transparent about how (and how much!) they remunerate their staff, especially as greater pay transparency is seen as a key driver in reducing the gender and ethnicity pay gap.
Join us for our second virtual panel discussion in our 2024 “Global Board Issues” series, when our speakers will explore key challenges and opportunities for global companies when it comes to pay equity and transparency.
Global Snapshot – Hot Employment Law Topics for 2024 – Midyear Update
At the beginning of this year, we asked the partners across our global Labour & Employment practice to identify the key employment law topics for 2024 in their particular jurisdiction. Six months on, we thought it would be useful to provide a “midyear update”, as we are aware that in certain jurisdictions there have been legislative and/or political developments that mean there are new issues for companies to be aware of.
UK
Labour’s employment manifesto – the road paved with good intentions?
There is, as you will have noticed, an election looming in the UK and in amongst the wrangling over lies about tax, missing D-Day commemorations and the fiercely contested issue of which leader has the least charisma, there are some potentially very significant changes in the offing when it comes to employment law.
Labour & Employment UK Webinar Programme – Grievances in the Workplace
Watch our webinar in which we provide practical advice on key issues to be aware of when handling grievances in the workplace.
We cover:
- A reminder of the basics – the key steps to take when dealing with workplace grievances
- How much investigation is required
- Typical mistakes made by managers and how to avoid them
- Common problems, such as grievance-related stress and absence
Financial Services and Employment Resources: Non-financial Misconduct – What Is it and Why Do You Need To Know?
There is a direct interplay between the regulation of individuals in the financial services industry and the implications of this for their employment, their Financial Conduct Authority (FCA)-regulated employers and the employment of senior individuals within those organisations. Our team of experts regularly advises on the interaction between employment law and regulatory rules, particularly “fitness and propriety” and the FCA’s conduct rules, and the employment issues that flow from regulatory investigations.
Americas
US State Law Roundup – 2024 Mid-year Update
State and local legislatures have been active throughout the first half of 2024 passing laws and ordinances that will impact employers of all sizes and all industries.
Artificial Intelligence (AI) Employment Discrimination Laws Proposed in Six States: What Employers Need to Know
We recently wrote about Colorado’s historic law aimed at protecting, among others, employees and employment applicants from harm arising out of the use of artificial intelligence (AI) systems. Although Colorado is the first state to pass legislation addressing AI-based discrimination, similar bills have been proposed in at least six other states as well as at the federal level, with a recent Executive Order discussing a wide range of issues arising from the private-sector use of AI systems, including discrimination in the employment context. All US employers should take note of this trend and prepare for the possibility of new compliance obligations resulting from employer use of AI systems.
US Supreme Court Thwarts NLRB’s Attempt to Ease Its Burden to Obtain Injunctive Relief; Levels Playing Field for Employers
Unless you have been stranded on a deserted island over the past few years, you’ve likely heard that Starbucks has been fighting a protracted battle over unionization of its employees. In addition to dealing with the union seeking to represent its employees, Starbucks also has had to contend with the National Labor Relations Board (NLRB or Board) which has, acting through its aggressive and openly pro-union General Counsel (GC), filed dozens of unfair labor practice complaints against Starbucks, alleging that Starbucks engaged in a wide range of purportedly unlawful conduct when responding to union organizing.
The Clock is Ticking! July 1 Deadline for DOL Overtime Exemption Rule Changes Draws Near
For nearly a year, we have been tracking (see here and here) the US Department of Labor’s (DOL) Final Rule modifying the salary requirements applicable to US employees who are exempt from the Fair Labor Standards Act’s (FLSA) overtime requirement under the executive, administrative, and professional (EAP) “white collar exemptions.” The Final Rule is scheduled to go into effect on July 1, 2024, so, barring judicial action in the remaining business days this month, US employers must prepare for these significant regulatory changes.
The New Jersey Law Against Discrimination: New Guidance Clarifies How State Anti-Discrimination Protections Apply to Remote Workers
Squire Patton Boggs’ Summer Associate Luis Ayala Gutierrez discusses recent guidance relating to the application of New Jersey’s employment discrimination law to remote workers.
Although the pandemic is (mercifully) mostly behind us, many employers who implemented remote work arrangements as a pandemic measure have retained hybrid in-office/remote or fully remote workforce arrangements, providing employees with welcomed flexibility and providing employers with a wider labor pool from which to draw. But the dramatic increase in remote working arrangements has introduced uncertainty about what laws apply to employees who are not physically present in the workplace.
Religious Relief: Eighth Circuit Decides Employees’ Failure-to-Accommodate Claims Can be Heard Under Minnesota Law
Squire Patton Boggs’ Summer Associate Sam Triplett discusses a recent federal appeals court decision addressing the scope of Minnesota’s employment discrimination statute.
Competing Beliefs
The tensions between science and religion started long before the COVID-19 pandemic. Just ask Galileo. However, the pandemic brought this struggle to the forefront, especially in the workplace. At a time when the US Centers for Disease Control and Prevention and other leading scientific research institutions strongly suggested getting vaccinated, private employers had to decide how to handle COVID-19 vaccination policies for their employees.
May 2024
Global
Implementation of the EU Pay Transparency Directive – Where Are We Currently?
How transparent are your pay practices and procedures? Do you have systems in place to enable you to categorise workers who do the same work or work of equal value? Do you provide job applicants with information about initial pay or pay ranges for the position applied for?
These are chief among the questions that businesses with operations in continental Europe should be asking themselves now if they want to comply with the requirements of the Pay Transparency Directive from 7 June 2026, with the new gender pay gap reporting obligations applying from 7 June the following year.
UK
New Duty on Employers to Prevent Sexual Harassment at Work in the UK
Why doesn’t someone tell us what we need to do?
It should be a principle of good law, you would think, that you know what you have to do to comply with it. So why, when asked to provide that clarity in advance of the positive duty on employers to take reasonable steps to prevent sexual harassment coming into force in October, has the government refused to do so?
Pros and Cons of Electronic Visas
Why doesn’t someone tell us what we need to do?
It should be a principle of good law, you would think, that you know what you have to do to comply with it. So why, when asked to provide that clarity in advance of the positive duty on employers to take reasonable steps to prevent sexual harassment coming into force in October, has the government refused to do so?
Sexual Harassment in the Workplace – A Global Perspective
Tackling workplace sexual harassment remains a key priority for legislators and regulators globally, meaning that employers who fail to take proactive steps to address this issue may be subject to increasing legal liabilities, not to mention damaging PR in the Court of Public Opinion. Further, with various countries introducing new obligations on employers this year to prevent sexual harassment, the global spotlight on this issue seems set to continue.
Labour & Employment UK Webinar Programme – Disciplinary Issues in the Workplace
Our webinar provided practical advice on the key issues to be aware of when taking disciplinary action that may lead to the termination of employment.
We covered:
- Practical hints and tips to ensure your proceedings and dismissals will stand up to scrutiny before an employment tribunal
- The most common mistakes made by managers and how to avoid them
- Typical problems, such as employees who go off with stress or raise grievances mid-process An effective paper trail – why it is important and what it should look like
Europe
Is your use of AI in the workplace compliant and guided by policies? (Germany)
The recent decision of the Hamburg Labour Court concerning a German works council’s attempt to enforce a ban on the use of AI in a workplace makes it clear once again that employers cannot simply let the use of AI run its course unchecked.
Former employees’ rights of access in Belgian HR matters: when jottings may come back to haunt you
In a decision of 8 April , the Belgian Data Protection Authority has reminded employers of the reach of the GDPR principle of right of access by the data subject.
An employee of a school who had left more than 5 years earlier asked for access to his full personnel file and to “every document mentioning his name”.
Asia Pacific
Potential Legal Risks Arising From Common Business Practices
In light of significant changes to Australian labour and employment laws over the past 18 months, it is important for employers to take the time to review and update their current contracts, policies and workplace practices. We have summarised the top five potential legal risks arising from common business practices to help Australian employers ensure that they are compliant with recent legislative developments.
Americas
Could Artificial Intelligence Create Real Liability for Employers? Colorado Just Passed the First U.S. Law Addressing Algorithmic Discrimination in Private Sector Use of AI Systems (US)
On May 17, 2024, Colorado became the first U.S. state to pass a law aimed at protecting consumers from harm arising out of the use of artificial intelligence (“AI”) systems. Senate Bill 24-205, or the “CAIA,” is designed to regulate the private-sector use of AI systems and will impose obligations on Colorado employers, including affirmative reporting requirements. The CAIA, which will take effect on February 1, 2026, applies to Colorado businesses that use AI systems to make, or that are used as a substantial factor in making, employment decisions.
In a Rare Win for California Employers, Good Faith is Good Enough to Avoid Wage Statement Penalties (US)
As California employers know all too well, the state is notorious for its employee-friendly laws that can be difficult to navigate and create administrative and compliance headaches. Even the most diligent employers can find themselves on the wrong end of the law for minor, inadvertent errors, subjecting them to harsh and expensive penalties.
Fourth Circuit Holds Firm Against Expansion of Religion-Based Defenses to Discrimination (US)
Lonnie Billard was a well-loved and decorated drama and English teacher at Charlotte Catholic High School (CCHS) in Mecklenburg County, North Carolina. He was named Teacher of the Year in 2012 after serving the Catholic high school’s students for eleven years.
April 2024
UK
When making reasonable adjustments is a real trial (UK)
Everyone knows that if there is something about a job which causes a disabled employee particular difficulties with it, the employer is under an obligation to make reasonable adjustments to the role to reduce or remove that disadvantage.
Clarity covers a multitude of sins – Court of Session restores order to settlement agreement waivers (UK)
Everyone knows that if there is something about a job which causes a disabled employee particular difficulties with it, the employer is under an obligation to make reasonable adjustments to the role to reduce or remove that disadvantage.
I won’t take this sitting down – how to escape liability for kind thoughts in the workplace (UK)
Into the second half of April we go with a strong contender for the No Good Deed prize in the 2024 Has it Really Come to This? Awards,.
Employers staring aghast at news in the Times on Saturday that “Offering a seat to older staff risks discrimination” should not worry – there is a great deal less to the case than is reported.
Europe
Online Right to Work Check Issues
All UK employers are required to carry out pre-employment right to work checks, as discussed in episode 3. Most checks for those with UK visas are now carried out online, which should make the process smoother. Listen to May Cheung and Osheenn Giam discuss some of the issues that crop up when employers use the Home Office’s online right to work checking service.
Belgium – the double or triple whammy of employment protection indemnities
In Belgian law, there are certain periods of employment during which there are greater than usual restrictions on an employer’s ability to dismiss an employee. These include periods of maternity, parental and other types of care leave. Parting company with employees during any period when they are protected against dismissal can become a costly affair, as a protection indemnity will be due on top of the statutory severance payment. In most cases, this protection indemnity amounts to six months’ salary.
Workplace harassment in Germany: questions over compensation
In a prior post in our German Workplace Harassment series, we discussed possible measures and sanctions employers may take against harassers in their company and some relevant court rulings. Today we would like to examine the question of compensation for harassment from the perspective of the victim.
Americas
OSHA Final Rule Clarifies Employees’ Walkaround Representative; Opens Non-Union Workplaces to Union Representatives (US)
The U.S. Department of Labor’s Occupational Safety & Health Administration (OSHA) published its controversial final “walkaround” rule on April 1, 2024 (available here). The final rule clarifies the rights of employees to authorize a representative – employee or non-employee – to accompany an OSHA compliance officer (CSHO) during an inspection of their workplace.
FTC Bans Non-Competes Throughout the US
In a long-anticipated move that dramatically alters the employment landscape, the Federal Trade Commission (FTC) issued its final Non-Compete Clause Rule (final rule) effectively banning employee non-compete agreements throughout the US. After receiving over 26,000 public comments, the FTC determined that the use of non-compete agreements with workers constitutes an “unfair method of competition” in violation of Section 5 of the FTC Act.
New DOL Rule Makes More Employees Eligible for Overtime Pay (US)
Last year, we alerted you to a rule proposed by the U.S. Department of Labor (DOL) that would raise the weekly salary amounts necessary to qualify for certain exemptions to the requirement under the federal Fair Labor Standards Act (FLSA) that employers pay employees time-and-a-half for hours worked in excess of 40 hours in a work week. On April 23, 2024, the DOL released its final version of that rule, which will directly impact how employers classify and compensate their employees and will expand overtime eligibility by raising the salary thresholds required to qualify for exemptions from overtime pay under the FLSA.
EEOC Updates Workplace Harassment Guidelines Reinforcing Protections for LGBTQ+ Employees (US)
For the first time in 25 years, on April 29, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) published final guidance on harassment in the workplace, updating the federal workplace guidelines to provide protections for transgender workers related to misgendering and the denial of bathroom access. This new guidance reflects the 2020 U.S Supreme Court’s decision in Bostock v. Clayton County (as we discussed previously here), a landmark decision which held that Title VII’s prohibition on sex discrimination extends to bias based on sexual orientation and gender identity.
FTC Bans Non-Competes Throughout the United States – Legal Challenges Already Filed (US)
In a long-anticipated move that dramatically alters the employment landscape, the Federal Trade Commission (“FTC”) issued its final Non-Compete Clause Rule (“final rule”) effectively banning employee non-compete agreements throughout the United States. After receiving over 26,000 public comments, the FTC determined that the use of non-compete agreements with workers constitutes an “unfair method of competition” in violation of Section 5 of the FTC Act.
DC Circuit Gives NLRB a “Stern” Warning (US)
It’s never a good sign when a court calls your reasoning “nonsense” or instructs your lawyers to “brush up” on their familiarity with legal doctrines. But that’s exactly what a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit did in a decision that overturned the National Labor Relations Board’s (NLRB or Board) ruling on two unfair labor practice claims against an Arizona-based produce distribution company.
The DOL Updates the QPAM Exemption from Prohibited Transaction Restrictions under ERISA (US)
The Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and the Internal Revenue Code Of 1986, as amended (“Code”) contain broad prohibitions on transactions between ERISA-covered employee benefit plans and Individual Retirement Accounts (“Plans”), as well as certain people or entities closely connected to such Plans, known as “parties in interest” or “disqualified persons”.
EEOC Releases Final Rule Implementing Pregnant Workers Fairness Act (US)
Congress passed the Pregnant Workers Fairness Act (PWFA) on June 27, 2023. The law requires covered employers—which, in the private sector, includes those with 15 or more employees—to provide a reasonable accommodation to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth or related medical conditions, unless the accommodation will cause the employer an undue hardship.
March 2024
UK
UK Business Immigration – What’s in Store for 2024?
Watch our March Business Immigration webinar recording, where Annabel Mace and May Cheung bring you up to speed on key UK immigration changes in the pipeline, particularly those affecting employers that sponsor (or are looking to sponsor) non-British/Irish talent under the Skilled Worker route of the Home Office’s Points Based System
When the ET won’t bite back – limits on strike out-powers (UK)
Rule 37 of the 2013 ET Rules of Procedure contains the Tribunal’s nuclear deterrent, the power to strike out part or all of a claim or defence. That big red button can only be pushed for a small number of specified reasons including (for today’s purposes) Rule 37(b) that the manner in which proceedings have been conducted has been scandalous, unreasonable, or vexatious; or 37(e) that the Tribunal considers that it is no longer possible to have a fair hearing of the claim. These appear to be separate grounds, such that (b) doesn’t require prejudice to a fair hearing while (e) does. However, established case law has ruled that (e) is in fact a pre-requisite of a strike out for almost any reason.
Impact of Civil Penalty Increased to £60,000 in the UK
The civil penalty for illegal working in the UK has increased from £20,000 to £60,000 per employee, with the higher amount applying to breaches occurring on or after 13 February 2024. In this episode, Annabel Mace and May Cheung discuss why penalties are issued, how they might be defended or reduced and the broader impact for UK employers.
UK Labour & Employment Quarterly Board Briefing – Looking to Q2 2024 and Beyond
We know that employment law and people issues are increasingly a strategic priority for boards, as they grapple with fast-moving legislative and regulatory changes – many of which have wider consequences from an ESG and/or Sustainability perspective.
Our Quarterly Board Briefing includes a tracker which aims to provide boards with a guide to key upcoming legal changes, including critical dates, suggested actions and an assessment of any risk/opportunities arising.
UK Business Immigration: Skilled Worker visa salary hike on 4 April 2024 – what employers need to know
The Home Office announced a number of immigration-related changes in December 2023, including a significant increase in minimum salary thresholds for Skilled Worker visas. The finer detail, in the form of new Immigration Rules, will be published on 14 March with most of the changes coming into effect on 4 April 2024.
Hot UK Employment Law Issues in 2024
2024 looks set to be a busy year on the employment law front, with a flurry of legislative changes coming into force in April 2024 and more developments likely over the next 12 to 18 months.
Watch our March Employment Law webinar recording to find out what should be on your to-do list over the next 12 months and what changes you may need to make to your employment documentation, including your practices and procedures.
Skilled Worker Visa Changes Confirmed – What Should Employers Do Now?
The Home Office has published the latest Statement of Changes to the Immigration Rules, so providing long-awaited detail on increases in minimum salary thresholds for Skilled Worker visas, which will take effect from 4 April.
UK Holiday and Holiday Pay Checklist
As we highlighted in our alert, there have been a number of changes recently to the Working Time Regulations 1998 in relation to holidays and holiday pay. If you have not done so already, now is the time to review your holiday/holiday pay practices to ensure they are compliant with the new statutory obligations and that you are minimising the scope for any future claims arising from noncompliance.
Certificate of Sponsorship (CoS) Allocation Requests
A hot topic for UK employers using the Skilled Worker visa route is how to obtain Certificate of Sponsorship (CoS) allocations quickly, so that the visa applications can be submitted ahead of the increase in salary thresholds coming into force from 4 April 2024. In this episode, Annabel Mace and Osheenn Giam discuss practical issues relating to CoS allocation requests and how to expedite them.
What Key Employment Law Changes are Coming into Effect Next Month in the UK?
A quick reminder of the key employment law changes coming into effect in April.
If you would like further information about these (and other expected developments during 2024), you can listen to the recording from our recent employment law update webinar, in which we discussed the changes outlined above in more detail.
Diversity and Inclusion in the Financial Sector Roadmap
It is well known that the financial services sector is not representative of the general population. With this in mind, in late September last year, the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) each published consultation papers. The proposals within the papers are largely aligned, but they do diverge in some respects. Their aim is to “drive change” by linking diversity and inclusion (D&I) to a firm’s overall strategy, ensuring that strategy is embedded in the firm’s day-to-day operations and culture, requiring firms to gather D&I data to inform improvement, and developing an understanding of “what good looks like” across the sector.
Europe
Workplace Harassment in Germany: “We take all allegations regarding harassment seriously” – but what are the consequences?
In the third of our short series “Workplace Harassment in Germany”, Laura Sparschuh takes a look at some recent court rulings regarding harassment.
Does permitting the use of AI in employment call the works council into action? Not necessarily, says the German Labour Court
The use of ChatGPT and its peers to make work easier and faster – whether permitted, tolerated or prohibited – is already part of everyday working life in many companies. However, the spread of that technology has raced far ahead of the law so the legal consequences of that use (employment rights and obligations, data protection, employee inventions, etc.) are in many cases still far from clear.
Americas
Work is Where the Tax Is: Navigating the “Convenience of the Employer” Rule (US)
Since the beginning of the COVID-19 pandemic in March of 2020, teleworking has been at the forefront of work-life-balance conversations and has become an increasingly popular option for employees. Not only did it make sense for most, but it called into question the true commitment required to pay for a higher cost of living, particularly when several cities saw increases in state and local taxes over the past few years. The result? Employees began emigrating from cities to lower-cost-of-living locations to work remotely for city-based companies.
Texas Tells Employers No COVID-19 Vaccine Mandates Permitted (US)
Squire Patton Boggs’ Legal Intern Amber Bouie addresses new legislation impacting Texas employers.
COVID-19 vaccinations have been the subject of workplace chatter since the vaccines became widely available in late 2020. At first, some states barred government employers from requiring employees receive vaccinations as a condition of continued employment, leaving private sector policies up to the individual employers. This level of discretion is now evolving.
New York State and City Anti-Discrimination Laws Apply to Non-Residents Seeking Employment in New York (US)
In 2010, the New York Court of Appeals (which is the highest state court in New York) established a test to determine the territorial scope of the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”) – each of which protect employees and applicants for employment from employment-based discrimination. In Hoffman v. Parade Publs., a former employee of a New York City-based company sued under the NYSHRL and NYCHRL for age discrimination after being terminated by his employer. 15 NY3d 285 (2010).
Apple v. Rivos: Lessons for Companies Facing Claims of Trade Secret Theft (US)
Your General Counsel receives a “cease and desist” letter from a competitor, alleging that the company’s new hire from that competitor has taken trade secrets and accusing the company of misappropriation. Your company has no need for those trade secrets and wants to compete fairly. What steps can be taken to forestall litigation?
Federal Court Strikes Down NLRB’s Expansive Joint Employer Rule (US)
In a decision providing significant relief for employers, a federal court in Texas struck down the National Labor Relations Board’s (NLRB) 2023 joint employer rule.[i] Being designated a joint employer by the NLRB can have far-reaching consequences for a business, including potential obligations to negotiate with unions representing workers not directly employed by the business and shared liability for labor law violations committed by another employer.
February 2024
Europe
Good Workplace Culture? The Law Is Changing: Get Up To Speed and Stay On The Right Side Of The Law With Our Diversity, Equity And Inclusion (DEI) Training Solutions Programme
Over the past few years, DEI issues have been front and centre of the agenda for many businesses – whether due to regulatory requirements to report on board diversity, the war for talent or to improve environmental, social and governance (ESG) ratings, and so on.
For any business, a key part of moving the dial towards greater diversity is providing clear and appropriate training for staff, on a regular basis. And of course, with the introduction of the new mandatory duty for employers to take reasonable steps to prevent sexual harassment coming into force in 2024, the countdown is now on for employers to ensure that they are ready.
UK Business Immigration – what’s in store for 2024?
There are several key immigration developments in the pipeline which are likely to affect UK employers.
Americas
Union Strike Activity Surged in 2023: More of the Same in 2024? (US)
Hollywood studios, the Big Three automakers and Starbucks were just some of the employers impacted by a remarkable surge in labor strikes called by unions in 2023. Nearly 350 strikes took place in 2023 – the most in two decades.
Why You May Have to Comply with California’s New Noncompete – With a February 14 Deadline
Not surprisingly, California is once again passing employment laws that impact companies beyond the state. Specifically, the Golden State is continuing its war against noncompete clauses to conform to case law stating that such clauses are void for any employee working in California — even if the employment contract containing the noncompete was signed in another state.
Asia Pacific
Environmental, Social and Governance (ESG) in the Changing Landscape of Australian Labour and Employment Law
We believe it is important to help our clients understand the ESG changes that lie ahead and what the implications are for their business.
As the Australian Labour & Employment landscape continues to evolve with legislative changes and regulatory obligations, our L&E experts examine the ‘S’ in ESG, providing insight into how employers can be held liable for a poor workplace culture, the benefits of AI in achieving ESG and DEI objectives, and an update on fair work reforms.
January 2024
Global
Global Snapshot – Hot Employment Law Topics for 2024
We asked the partners across our global Labour & Employment practice to identify the key employment law topics for 2024 in their particular jurisdiction. Here is what they shared with us to help you in your decision making for 2024 and beyond.
Europe
Belgium – “When the lights go out”: the burn-out pandemic
In this last episode of our mini-series on long-term absence, we will zoom in on probably the most common current ground for long-term absence in Belgium, which is burn-out.
Burn-out was in the Belgian press again recently because of a decision in the Antwerp Employment Court that it is discriminatory for a health care insurer to limit payments to two years for disability arising from mental disorders, personality disorders, chronic fatigue syndrome or fibromyalgia, where for other physical disorders it had not imposed any such time limitation.
Workplace Harassment in Germany: “We Encourage You to Speak Up!” But to Whom?
In the first of a short series of blog posts on workplace harassment in Germany, Laura Sparschuh highlights Germany’s new Whistleblower Protection Act and key issues for employers to consider when handling reports of harassment.
In Germany, the Whistleblower Protection Act came into full effect in December 2023. The main news is that employers with more than 50 employees are now required to establish and maintain channels and offices (the WPA reporting office) for reporting misconduct that is covered by the Whistleblower Protection Act.
New Year’s Employment Update, Whistleblowing and Internal Investigations Challenges
What practical changes did the amendment to the Labour Code bring?
What are the initial experiences with the implementation of whistleblowing systems?
When is forensic support necessary in conducting internal investigations?
If these topics interest you, we would be delighted for you to join us for a client breakfast. This event is being hosted at our office in cooperation with forensic specialists from renowned international firm Ernst & Young.
Register for the Event in Prague.
Americas
Supreme Court of California Holds Trial Courts Lack Inherent Authority to Dismiss Unmanageable PAGA Claims
In Estrada v. Royalty Carpet Mills, Inc., No. S274340, 2024 WL 188863 (Cal. Jan. 18, 2024), the Supreme Court of California resolved a split among the Courts of Appeal regarding whether trial courts possess inherent authority to dismiss California Labor Code Private Attorneys General Act (“PAGA”) claims based on their lack of manageability and held that courts lack such authority. The employer in Estrada contended that the PAGA claim brought against it was unmanageable because it involved a substantial number of individual issues and would require testimony from a vast number of individuals. This decision takes a potentially potent tool for defending against PAGA claims away from defendant employers and may encourage plaintiffs to pursue the broadest possible PAGA claims.
US State Law Roundup – 2023 Year-end Update
State and local legislatures were active throughout 2023 in passing laws and ordinances that will impact employers of all sizes and all industries in 2024.
Click HERE for our summary of these laws and related developments, including important developments in California, Colorado, Illinois, Minnesota, New York and elsewhere!
If you haven’t already, you might also want to review our updates from the first half of 2023, available here and here.
DOL Publishes Final Independent Contractor Rule (US)
Way back in October 2022, we discussed the U.S. Department of Labor’s (DOL) issuance of a notice of new rule that would substantially change the test for whether a worker is an employee, and thus covered by the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA), or is an independent contractor, and therefore not covered by those FLSA provisions. After an extensive notice-and-comment period, on January 10, 2024, the DOL published the final rule.
December 2023
UK
UK Employment Law: Where Do We Currently Stand?
As 2023 draws to an end, we thought it would be useful to summarise where we are on the legislative front after a busy 12 months. Our briefing note aims to bring you up to speed and help you plan your 2024 priorities.
Pre-nups in employment contracts – not a marriage made in heaven (UK)
In its judgement in Zabelin -v- SPI Spirits and Shefler this month, the Employment Appeal Tribunal has offered a refresher course on some important questions around protected disclosures, contracting out of statutory rights and when the Acas Code applies.
UK Business Immigration: Significant Hike in Visa Salary Thresholds
The Home Secretary has announced major changes to the UK visa system from Spring 2024 including the following:
- The general salary threshold for Skilled Worker visas will increase by nearly 50% from £26,200 to £38,700 (except for Health and Care visas). Whilst this won’t affect salaries paid to existing sponsored employees for now (and transitional measures could apply when their visas are up for renewal), it will be a significant blow for UK employers (particularly regional ones) dependant on sponsoring lower-paid, but nonetheless skilled, overseas workers following the ending of EU free movement. etc…
Does failure to prevent sexual harassment lead to directors exposing themselves? (UK)
In the normal course, the question of whether there is any interplay between the new duty to take proactive steps to prevent sexual harassment on the one hand and section 172 Companies Act 2006 on the other would be a bit of a downer at your Christmas dinner. However, if you are a director then you may wish to lift your head from the turkey and pay attention, as the question is potentially a cracker.
Europe
Employees on long-term sickness absence – out of sight, out of mind no longer (Belgium)
The Belgian Parliament is currently discussing a draft Bill proposed by Federal Health Minister Frank Vandenbroucke which aims to reverse the growing trend of long-term sickness. About half a million employees have been off sick for more than a year, according to figures from the National Institute for Sickness and Disability Insurance.
Belgium – “Who you gonna call?” — appointment of a person of trust mandatory as of 1 December
While some are already hanging up the Christmas decorations and squeezing back into their Christmas jumpers, the Belgian legislator has picked the festive season to introduce a number of new measures relating to well-being in the workplace. We will discuss these measures in a series of blogs.
Competition and Employment – A Marriage That Does Not Allow for a Prenup
Last week, on 21 November, the European Commission announced that it has carried out a dawn raid in relation to an alleged no-poaching cartel in the food delivery market.
This is not the first time that an authority opened investigations into no-poach agreements – a deal not to hire each other’s employees – and other hiring practices: the UK’s Competition and Markets Authority (CMA) in October opened its second investigation into wage fixing and the Swiss authority in relation to 34 banks in late 2022.
Asia Pacific
Protection of Corporate Whistleblowers in Australia
Guidance From Flori v Winter [No 3] [2023] QCA 229
In 2019, Part 9.4AAA of the Corporations Act 2001 (Cth) (Corporations Act) was strengthened to protect eligible whistleblowers in the corporate sphere. These were important reforms, with the provisions performing a critical role in preventing and uncovering corporate misconduct and criminal activity, and are weighted towards protecting whistleblowers from potential significant personal harm and financial loss.
Board Briefing Labour & Employment – Australia H2 2023
This briefing aims to provide boards with a strategic steer on key present and impending legal changes this half in Australia.
It also includes useful data for legal and HR teams to ensure they are taking action or preparing for change.
Americas
Healthcare Employer Update: A Practical Discussion of Recent Employment Law Changes Affecting Workplaces in the Health Industry
Healthcare organizations have recently seen major changes to the law, and 2023 has been no exception. This program discusses the key employment law changes affecting the healthcare sector, along with practical suggestions for employers seeking to manage these new obligations.
A recording is available to view online.
November 2023
UK
The trouble with the reluctant complainant (UK)
It has been annual review season here at Squire Patton Boggs. Looking back over my efforts this year in the usual endeavour to justify my own existence, I have spotted the same scenario cropping up with unusual frequency.
Knew this would happen, Part 3 – draft Acas code fails to plug holes in predictable working patterns law (UK)
Last week saw the publication of the draft Acas Code of Practice for handling requests for a “predictable working pattern”. When we previewed the draft Bill in February, we noted here.
Europe
New Czech Whistleblower Legislation – Panel Discussion With Leading Czech Experts
A new Czech whistleblower legislation came into force on 1 August 2023, implementing the EU Whistleblower Directive.
The Czech Republic has awaited this piece of legislation for many years. The panel discussion with leading experts in this area was moderated by Zbynek Zykmund from Prima TV, and attended by Pavel Prochazka, a chief compliance officer at Home Credit International (PPF), Katerina Holasek Dosedelova, a forensic services director at PwC, Marie Zemanova, an environmental, social and governance (ESG) specialist from the Czech Sustainable Business Association, and Vladimir Polach, a partner at Squire Patton Boggs, focusing on dispute resolution, white collar and investigations.
A recording is available to view online.
Competition Enforcement in Labour Markets
As of recently, employment practices have come on the radar of cartel enforcement in Europe. The EU is following in the footsteps of the US which has been looking at anticompetitive practices among companies in the hiring of employees for some years. Our client insight looks into this issue in more detail.
Attention! Important new decision on accrual of paid leave in France
French law has traditionally provided that absences due to non-occupational illness are not taken into account when determining the amount of paid leave accrued, as they do not constitute a period of actual work.
Asia Pacific
Think Twice Before Confessing (Twice)
Australian Federal Court Awards Highest Sum of General Damages for Sexual Harassment Claim Under the Sex Discrimination Act.
The Federal Court has put employers on notice about the potential consequences for failing to comply with their positive duty by awarding the highest amount of general damages in a sexual discrimination claim under the Sex Discrimination Act.
In this article, our Labour & Employment team explore the landmark decision of Taylor v August and Pemberton Pty Ltd [2023] FCA 1313 and its implications for employers.
It Is a Cultural Thing – Can Employers Be Held Liable for a Poor Workplace Culture?
Most Australian businesses would claim to have a positive workplace culture (or be aspiring to have one), although this may not be borne out in reality. If a poor workplace culture exists, is this solely the employer’s responsibility? More to the point, can an employer or Person Conducting a Business or Undertaking (PCBU) in a work health and safety context be held liable if a poor workplace culture impacts on workers’ health? Based on recent action taken by safety regulators, the answer is yes.
Middle East
UAE Introduces New End-of-Service Investment Scheme
The UAE Cabinet recently announced a change to the end-of-service gratuity scheme applicable for non-GCC national employees. With effect from 10 October 2023, Cabinet Decision No. 96 of 2023 (New Cabinet Decision) introduces significant changes to the end-of-service gratuity scheme and establishes a voluntary alternative scheme (New Scheme) for non-GCC national employees based onshore UAE and within certain UAE free zones (excluding the DIFC). It has yet to be confirmed as to whether the New Scheme shall be adopted by the ADGM.
Americas
Santa Ethics – On-demand CLE Program
This one-of-a-kind, on-demand continuing legal education (CLE) program explores ethics and professionalism through the magic of the holiday season.
A Recording is available to view online.
Ohio Legalizes Recreational Marijuana, But Employers’ Ability to Enforce Workplace Drug Policies Remains Intact (US)
As of November 7, 2023, Ohio became the 24th state to legalize adult recreational use of marijuana. Ohio voters passed Issue 2, also known as An Act to Control and Regulate Adult Use of Cannabis (the “Act”), by a 57% to 43% margin, and the Act is set to take effect on December 7, 2023. The November 7 citizen-initiated ballot measure legalizes the possession, home cultivation and retail sale of cannabis for adults 21 and older.
Accommodating Disabilities Under the ADA: Just Because You Can Doesn’t Mean You Must (US)
Court explains that “feasible” isn’t always “reasonable.”
It’s widely understood that the Americans with Disabilities Act (ADA) generally requires employers to provide reasonable accommodations to individuals with disabilities to enable them to perform their essential job functions. What’s not so well understood is what exactly is a “reasonable accommodation,” and when and what job functions are truly “essential.” A recent decision from the United States Court of Appeals for the Eleventh Circuit – which hears cases coming out of Alabama, Florida and Georgia – addressed these questions and provides some helpful guidance to employers.
October 2023
UK
UK Webinar: Global Workforce Compliance: Navigating Changes in US I-9 and UK Right to Work Rules
We had an insightful and comprehensive webinar, with Gregory Wald and Annabel Mace, reviewing recent changes and trends in US I-9 and UK right to work rules and regulations. This webinar brings together legal experts in immigration and employment verification law to provide you with valuable insights.
A recording of this webinar is available to view online.
UK Supreme Court Makes It Easier for Workers To Claim Historical Holiday Underpayments
A gap of three months or more between holiday pay underpayments does not necessarily break a “series of deductions” for unlawful deduction from wages purposes, meaning that workers can potentially make claims for holiday backpay in relation to a longer period.
“Getting the most out of the fit note”: new guidance for UK employers
Well, sort of. Almost nothing has changed in this month’s new government guidance on fit notes over the previous versions. You can receive a fit note digitally these days and (to reduce doctors’ workloads) a wider range of medical practitioners are now authorised to issue them, but officially that’s about it. That under-sells it, maybe — I suspect that many of the numerous basic grammatical errors in the guidance are also new, since it is hard to believe that anyone could have proof-read the earlier version and deliberately left them in.
Belgium
Belgium – welcome to the severance season
When I tell people I am an Employment lawyer, it is not uncommon for them to assume out loud my days must be filled swinging metaphorical axes and terminating employees on all sides. While I always reassure them that that is not quite the case, today’s blog will not help this misconception disappear. The message of this post is effectively that if you are considering terminating employees in Belgium (in particular for underperformance), the next handful of weeks may be the best time to do this.
Americas
Unions in the Spotlight: Recent Developments at the NLRB Every Employer Should Know
Unions are having a resurgence, enjoying a positive shift in public perception, emboldened by high-visibility disputes and supported by an openly pro-union presidential administration.
Against this backdrop, the National Labor Relations Board – the federal administrative agency that administers and enforces the primary law governing the relationships between employees, employers and unions – has pursued an aggressive agenda to rewrite the rules to tilt the deck in favor of unions, while at the same time issuing decisions that impact all employers, regardless of whether their employees are union-represented.
Attention California Employers! Soon, You Will Need to Provide Employees Five Days (or 40 Hours) of Paid Sick Leave (US)
On October 4, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 616 into law, which expands California’s mandatory paid sick leave from three days (or twenty-four hours) to five days (or forty hours). The increased paid sick leave requirements take effect on January 1, 2024.
California Legislative Year-End Review: Preparing for 2024 (US)
On October 14, 2023, California’s active legislative year came to an end, leaving numerous employment law updates in its wake. This year, Governor Gavin Newsom has signed novel laws that create new rights for employees (and requirements for employers) while also amending some current laws, thereby changing existing employer obligations. Here, we summarize the laws expected to have the greatest impact on California employers in 2024.
September 2023
Global Guide on Overseas Remote Working
We know that overseas remote working remains a hot topic for many of our clients. Our new Global Guide on Overseas Remote Working highlights the key issues for businesses to consider if they have staff living and working in one country for the benefit of a company in a different country, whether they are employed directly or via a Professional Employment Organisation/Employer of Record. It provides a high-level overview in relation to employment, immigration, tax and social security risks, as well as, where applicable, labour leasing restrictions and Posted Workers Directive obligations.
Read our new Global Guide on Overseas Remote Working.
Closing Loopholes Bill – Regulating Labour Hire
Earlier this year, we foreshadowed the swift approach of the Albanese government’s “same job same pay” measures. On 4 September 2023, the federal government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023, with one of the proposed amendments to the Fair Work Act 2009 (Cth) aimed at enabling labour hire employees to be paid at least the same as their directly employed counterparts who are performing the same work and paid under the host’s enterprise agreement.
UK Webinar: Employment Law Update
There is potentially a great deal of change to UK employment law in the pipeline over the next six to 12 months, including implementation of the various “family-friendly” rights that have recently been passed, revisions to the flexible working regime, reforms to post-employment non-competition provisions, and so on.
Our Employment Law Update webinar brings you up to speed on these likely changes, what they will mean for your business and how you should be preparing for them. We took a brief look also at some more distant possibilities, including a proposed law against workplace bullying.
A recording of this webinar is available to view online.
August 2023
UK Business Immigration: EU Settlement Scheme Enhancement
The UK government has announced changes to the EU Settlement Scheme from September 2023 which will affect those living in the UK with pre-settled status. The changes have been made following the case of R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v the Secretary of State for the Home Department [2022].
Further details can be found in our blog post. Our webinar on UK Business Immigration – Ten Tricky Sponsor Compliance Issues provides further guidance on a range of sponsorship, visa and right to work challenges.
The New Oman Labor Law: Key Aspects Employers Need To Be Mindful Of
Nearly 18 months following the overhaul of the UAE’s federal employment legislation and the replacement of its previous 1980 framework by Federal Decree-Law No. 33 of 2021 as amended and Cabinet Decision No. 1 of 2022 as amended (“New UAE Labor Law”), Royal Decree No. 35 of 2003 (“Old Oman Labor Law”) was equally replaced by an entirely new legislation, being Royal Decree No. 53 of 2023 (“New Oman Labor Law”). Under the New Oman Labor Law, businesses are granted a period of six months from the date of its enactment, i.e., July 26, 2023, to comply with its provisions.
Coming Soon to Labour Hire Near You: Same Job, Same Pay
The consultation paper from the Australian Department of Employment and Workplace Relations (Department) on the proposed Same Job, Same Pay measure sheds some guidance on the Labor government’s commitment to its proposal that labour hire workers are to be paid at least the same as directly engaged employees doing the same work. The government intends to legislate the Same Job, Same Pay measure in the spring 2023 sitting of Parliament, suggesting major changes are just around the corner.
July 2023
Global: Webinar Series – The Global Whistleblowing Landscape
Over the last 12 months, our global Labour & Employment team has seen a marked increase in queries from companies about staff blowing the whistle, and with various countries introducing greater legislative protection for whistleblowers this year, combined with increased demands for accountability and greater employee confidence, this trend seems set to continue.
In the first webinar in this short series, our panel of speakers discussed the whistleblowing landscape in key jurisdictions around the world, including the UK, Europe, the US and Asia Pacific, covering current trends, challenges and action points for global companies.
In the second webinar of the series, we took a closer look at how the EU Whistleblowing Directive is being implemented in Belgium, France and Germany.
In the third webinar of the series, we took a closer look at how the EU Whistleblowing Directive is being implemented in Italy, Spain and key jurisdictions in Central Europe.
June 2023
UK: Webinar – What Will the UK Government’s Proposals for Employment Law Reform Mean for Your Business?
A number of the proposals can be described as “tinkering around the edges”, but there are two key changes that could have more significant implications for businesses operating in the UK, namely the proposed amendments to the Working Time Regulations 1998 concerning holidays and holiday pay, and the introduction of a three-month statutory time limit on non-compete provisions.
Webinar recordings and presentation materials relating to 1) Reform of Non-compete Provisions and 2) Holidays and Holiday Pay are available online.
Further details can be found in our recent insight and blog post.
May 2023
Technology: Global HR Audit – Your Global Strategic HR Document and Policies Tool
Our updated Global HR Audit tool helps employers determine the HR documents and policies they should have in 37 countries around the world, as well as any they should consider having on a global basis. We have also included an environmental, social and governance (ESG) radar to the tool, to pinpoint those policies and documents that provide this opportunity for going beyond baseline compliance.
April 2023
Global: Webinar – Labour & Employment Virtual Panel Event: Professional Employer Organisations (PEOs)
Over the last few years, there has been growing interest from companies in engaging staff through PEOs, especially where they are looking to expand into new countries where they do not currently have a business presence.
Our panel of experts from our firm, partners Miriam Lampert (Labour & Employment), Annabel Mace (Business Immigration) and Patrick Ford (Tax Strategy & Benefits) will talk through some of the legal issues that global businesses need to be aware of when using PEOs.
A recording of this webinar is available to view online.
March 2023
Technology: Diversity, Equity and Inclusion (DEI) “At a Glance” Charts
Introducing our new Diversity, Equity and Inclusion (DEI) “At a Glance” Charts, which cover the key principles to support your business understand its obligations and opportunities and plan your DEI approach, beyond baseline compliance.
DEI is fundamental to the credentials of those businesses seeking investment along with a broader Environmental, Social and Governance (ESG) focus. Even those businesses not concerned by ESG ratings and impact still are looking to encourage a more inclusive organisational culture with leadership that better reflects the communities in which they operate. A culture that nurtures, engages and rewards the talents of a diverse workforce, will lead to productivity gains and help strengthen the fabric of an organisation. And this is only likely to become more important in these turbulent geo-political and economic times.
Our easy-to-use “At a Glance” charts provide answers to some of the most common questions we receive including pay equity, data gathering and workforce reporting and beyond. The charts are available for free on Global Edge Lite (GE Lite).
Germany: Insight – German Federal Labour Court: Equal Pay Is Not a Matter of Negotiation
In Germany, pay equality between men and women is statistically not a reality. According to a survey conducted by the German Federal Statistical Office, women with comparable qualifications, jobs and employment histories earned, on average, 7% less per hour than their male colleagues in 2022. Due to absences caused by parental leave and part-time work, among other things, the pay gap is growing, resulting in a pay gap between men and women in Germany as high as 18% on average.
February 2023
Spain – Insight – Spanish Law Regulating the Protection of Persons Who Report Infringements Has Been Published
On 21 February 2023, Law 2/2023, regulating the protection of persons who report regulatory infringements and the fight against corruption (commonly referred to as “whistleblowing regulations”), was published in the Offcial State Gazette (BOE). It transposes Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019, known as the Whistleblowing Directive.
January 2023
Global: Snapshot – Hot Employment Law Topics for 2023
We asked the partners across our global Labor & Employment Practice to identify three or four key employment law topics for 2023 in their particular jurisdictions. Here is what they shared with us to help you in your decision-making for 2023 and beyond.
UAE: Insight – Extends Grace Period for Employees To Transition to Fixed-term Contracts to 31 December 2023
The Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations (the New Labour Law) came into effect on 2 February 2022 and set a deadline of 1 February 2023 for private sector businesses (registered outside of the DIFC and ADGM) to convert all unlimited-term employment contracts of their workforce to fixed-term contracts.
December 2022
UK: UK Employment Law: Where Do We Currently Stand?
Our short snapshot will bring you up to speed with what’s happening on the employment law front in the UK, where you need to be and will help you with your 2023 priorities.