Canada’s Federal Government Proposes Changes to Privacy Act

On June 16, 2022, the government of Canada tabled a bill that would make significant changes to privacy laws impacting employers in the federal jurisdiction. The new legislation, the Digital Charter Implementation Act (Bill C-27) would replace Part 1 of the Personal Information Protection and Electronic Documents Act (PIPEDA) and would create three pieces of legislation in its place, the Consumer Privacy Protection Act (CPPA), the Personal Information and Data Protection Tribunal Act (PIDPTA), and the Artificial Intelligence and Data Act (AIDA).

Mexico’s Pending Health and Safety Rules on Teleworking: What Do Employers Need to Know?

On January 11, 2021, the federal government published a decree in the Official Gazette of the Federation, amending the Federal Labor Law (FLL) to regulate the terms and conditions, employer and employee obligations, and safety and health measures related to telework. Telework is regulated by a special chapter of FLL and the telework designation is applicable whenever work is performed more than 40 percent of the time at an employee’s home or at a domicile that the employee has chosen and on which the employee has agreed.

Canadian Government Suspends Vaccination Mandate for Domestic Travel and Federal Workers

On June 14, 2022, the Government of Canada announced that it would suspend vaccination requirements for domestic travelers, certain federally regulated workers, and federal public service employees, effective June 20, 2022. In support of this measure, the government has cited the successful vaccination campaign and low COVID-19 case counts.

The Right to Disconnect Under Mexico’s Telework Regulations—What Does It Mean for Employers?

On January 12, 2021, the right to disconnect (known in other countries as the “right to digital disconnection”) became an employment right in Mexico for employees in telework arrangements, with the publication of an amendment to the Federal Labor Law (FLL) in the Official Gazette of the Federation (Diario Oficial de la Federación) the day prior.

Ontario Appellate Court Ruling Leaves Employers Waiting for Determination on Interpretation of COVID-19 Leave Provisions

Employers in Ontario have been waiting for clarification on the interpretation of COVID-19 leave provisions throughout much of the pandemic. Employers had hoped that the Court of Appeal’s decision in Taylor v Hanley Hospitality Inc. would provide clarity on the implications of Employment Standards Act, 2000 infectious disease emergency leave (IDEL) on an employee’s employment status.

Mexico’s COVID-19 Traffic Light Monitoring System: News for April–May 2022

Mexico’s federal government will soon cease updating its COVID-19 pandemic monitoring system on a biweekly basis, Dr. Hugo López-Gatell, Mexico’s undersecretary of prevention and health promotion, said in a recent press conference. The announcement comes on the heels of the four-tiered system showing all thirty-two states in green status—the only status without restrictions on business and social activities—for the second period in a row.

Mexico’s COVID-19 Traffic Light Monitoring System: News for March 21–April 3, 2022

For the first time since Mexico’s federal government rolled out its pandemic monitoring system in June 2020, all of the nation’s thirty-two states have been given the green light to conduct social and business activities without restriction, although face masks are still required while using public transportation.

The U.S. and EU Announce an “Agreement in Principle” to Replace the EU-U.S. Privacy Shield Framework: What Employers Need to Know

On March 25, 2022, the European Union (EU) announced that the United States and the EU had reached an agreement in principle to replace the EU-U.S Privacy Shield framework, which the European Court of Justice (CJEU) struck down in its July 2020 Schrems II decision. Since the Schrems II decision, U.S. and EU negotiators have been hammering out a workable data transfer mechanism to permit the transfer of EU data to the United States.

Mexico’s COVID-19 Traffic Light Monitoring System: News for March 7–20, 2022

Mexico’s federal government has indicated that the National Health Council will soon decree the end of the pandemic in Mexico. The expected announcement comes on the heels of signs that COVID-19 cases are significantly waning, with community transmission levels low enough for the government to designate all but one of Mexico’s thirty-two states in green status under the biweekly pandemic monitoring system.

Ontario’s Bill 88 Would Establish Electronic Monitoring Policies, Create Rights for Workers on Digital Platforms, and Require Naloxone Kits

On February 28, 2022, the Government of Ontario introduced Bill 88, the Working for Workers Act, 2022. Bill 88 would enact the Digital Platform Workers’ Rights Act, 2022, which would establish rights for workers who offer services through digital platforms. In addition, Bill 88 would amend a number of statutes including the Employment Standards Act, 2000.

Mexico’s COVID-19 Traffic Light Monitoring System: News for February 21–March 6, 2022

Half of Mexico’s thirty-two states have been cleared by the federal government to fully reopen for business and social activities, a remarkable change from early February, when only four states were given the green light under the nation’s four-tiered pandemic traffic light monitoring system.

Mexico’s COVID-19 Traffic Light Monitoring System: News for February 7–20, 2022

Nearly all of Mexico’s central and northern states have been directed by the federal government to limit the number of people on-site for business and social activities to half their normal capacity in order to prevent the spread of COVID-19, according to the government’s latest pandemic tracking system update.

German Court Rules Occupational Accidents at Home May Be Covered by Statutory Accident Insurance

In the past, Germany’s Federal Social Court (Bundessozialgericht or BSG) has been reluctant to classify employee accidents that employees sustain in their homes as occupational accidents covered by the statutory accident insurance. A decision of the Federal Social Court on December 8, 2021 (file no. B 2 U 4/21) clarified that the initial journey from bed to a home office constitutes an occupational accident and thus is considered covered by the statutory accident insurance.

Mexico’s COVID-19 Traffic Light Monitoring System: News for January 24–February 6, 2022

As the Omicron variant of COVID-19 spreads throughout Mexico, the federal government is directing more states to ramp up efforts to contain the virus, including directing Aguascalientes to allow only essential activities—the first time since last September that any state has operated under the country’s red traffic light pandemic control measures, the most stringent according to the national four-tiered COVID-19 monitoring system.