European Parliament’s Leading Committees Vote to Approve AI Act
The world’s first artificial intelligence (AI) regulatory framework is “a step closer” to becoming law, the European Parliament recently announced.
Blog
For Employers in Mexico, the Countdown for Distributing Profit-Sharing Payments Begins: 9 Frequently Asked Questions
Under the law of Mexico, companies must distribute profit-sharing (PTU) payments to employees by May 30 of each year. This article addresses several frequently asked questions about the PTU requirements.
UK Government Releases ‘Smarter Regulation to Grow the Economy’ Policy Paper: Effects on Employment Law
On 10 May 2023, the United Kingdom’s Department for Business and Trade published its policy paper, “Smarter Regulation to Grow the Economy.” The proposals contained therein are intended to “improve regulation across the board to reduce burdens, push down the cost of living, and drive economic growth.”
UK Government Issues Guidance on Ethnicity Pay Gap Reporting
The UK government recently published guidance for employers on pay gap reporting to address pay disparities between white employees and ethnic minority employees.
European Parliament Endorses Proposed EU Pay Transparency Directive
On 30 March 2023, Members of the European Parliament voted to endorse an amended version of new European Union (EU) Pay Transparency Directive first proposed in 2021. The proposal sets out significant increases to employers’ pay transparency obligations in EU jurisdictions.
Recent and Upcoming Changes Affecting Federally Regulated Employers
Canadian employers in federally regulated industries (which include industries such as telecommunications, air/rail travel, and banking, among others) may want to note a number of recent and upcoming changes that will impact their workplaces.
Court of Appeal for Ontario Upholds Decision That Serves as Warning Against Relying on Historical Employment Contracts
The Court of Appeal for Ontario recently released a decision that affirmed the key legal principles and considerations courts will rely on when determining the enforceability of a historically written contract that no longer reflects the nature of an individual’s employment.
UK Home Office Issues Spring ‘Statement of Changes in Immigration Rules’
The UK Home Office’s Spring 2023 “Statement of Changes in Immigration Rules,” published on March 9, 2023, includes updates on salary thresholds for several immigration routes and the UK’s new Electronic Travel Authorisation scheme.
China Increases Employers’ Responsibilities to Address Discrimination and Sexual Harassment Against Women in the Workplace
China has introduced a new legislative amendment revising the Women’s Protection Law, which was first introduced in 1991, to address workplace gender discrimination and sexual harassment.
German Court Orders Company to Pay €2,500 for Using the Phrase ‘Nimble Female Hands’ in Rejection of Male Job Applicant
The vast majority of employers in Germany are aware by now that caution is required when formulating job advertisements in order to avoid being confronted with accusations of discrimination and the associated claims for damages. The “(m/f/d)”—for “männlich, weiblich oder divers,” which translates as “male, female, or diverse”—after the position title of the advertised job is now standard when posting job ads.
Women’s History Month Spotlight: Part 2 of a Q&A With Ogletree Shareholder Diana J. Nehro
In honor of Women’s History Month, we asked New York shareholder Diana Nehro, the newest member of the firm’s board of directors and chair of Ogletree Deakins’ Cross-Border Practice Group, a few questions about her experiences as a prominent and respected woman in the legal profession.
Women’s History Month Spotlight: Part 1 of a Q&A With Ogletree Shareholder Diana J. Nehro
In honor of Women’s History Month, we asked New York shareholder Diana Nehro, the newest member of the firm’s board of directors and chair of Ogletree Deakins’ Cross-Border Practice Group, a few questions about her experiences as a prominent and respected woman in the legal profession.
Bill in U.K. Parliament Would Facilitate Certain Types of Data Processing by Redefining ‘Personal Data’ Parameters
On March 8, 2023, the Data Protection and Digital Information (No. 2) Bill was introduced to the UK Parliament by the Department for Science, Innovation and Technology. If enacted, the Bill will make changes to the UK General Data Protection Regulation, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations. The Bill would facilitate certain types of data processing by redefining the parameters of what constitutes “personal data,” removing certain requirements and prohibitions, applying exemptions, and creating greater legal certainty regarding the permissibility of certain forms of personal data processing.
Legitimation of Collective Bargaining Agreements in Mexico: What Employers Need to Know Now
On July 31, 2019, Mexico’s Ministry of Labor and Social Welfare (Secretaria del Trabajo y Previsión Social (STPS)) published in the Official Gazette of the Federation (Diario Oficial de la Federación, or DOF) the protocol for the legitimation of a currently existing collective bargaining agreement (CBA) in compliance with Transitory Article Eleven of the official decree published in the DOF on May 1, 2019. The objective of the legitimation process is to provide certainty to unionized employees, making sure they know the terms of the applicable CBA and their union.
German Federal Labor Court: Employers May No Longer Cite ‘Better Negotiating Skills’ as an Argument for Unequal Pay
A recent decision of the German Federal Labor Court considerably restricts the objective, gender-neutral criteria that can justify different pay for the same work or equal work. Negotiating skills are now ruled out as a justification for a higher salary. However, differences in qualifications or professional experience continue to be recognized as objective criteria that may justify a compensation differential.
Employee Benefits and Rights in Puerto Rico: What to Know Now That Law 41-2022 Has Been Declared Null and Void
On March 3, 2023, the U.S. District Court for the District of Puerto Rico issued a decision declaring Law 41-2022 null and void, effectively reinstating the prior state of many of Puerto Rico’s employment statutory entitlements. The decision will impact employees’ statutory benefits and rights, including vacation pay and sick leave, meal periods, holiday bonuses, and statutory severance pay.
Mexico Amends the Regulation of the Registry of Providers of Specialized Services or Specialized Works (REPSE)
On February 3, 2023, Mexico’s Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social) (STPS) published in the Official Gazette of the Federation an amendment to the guidelines regarding the Registry of Specialized Services Providers or Specialized Works (“REPSE,” for its acronym in Spanish), related to the provision of outsourcing services.
Ontario’s Employment Standards Act Exempts Certain Business and Information Technology Consultants, if Conditions Are Met
As of January 1, 2023, certain “business consultants” and “information technology consultants” in Ontario have been exempt from the Employment Standards Act, 2000 (ESA). These exemptions are part of the numerous amendments made to the ESA following the enactment of Bill 88, Working for Workers Act, 2022.
Employee Requests to Work Remotely While Abroad: Considerations for Employers
In the wake of the pandemic and global adoption of teleworking, an increasing number of employees are looking to work remotely abroad. Unfortunately, the law is not as flexible as technology. It may be very easy for employees to work abroad in practice, but there are a number of potential legal pitfalls that can create risks for employers.
German Employers’ Obligations to Record Employees’ Working Time
On September 13, 2022, the German Federal Labor Court (Bundesarbeitsgericht) ruled (1 ABR 22/21) that employers are required to record the working hours of their employees. According to the Federal Labor Court, a comprehensive obligation to record working hours cannot be derived from the Working Hours Act; however, such an obligation follows from the mandatory interpretation of occupational health and safety regulations in conformity with European law. The decision of the Federal Labor Court has caused uncertainty among employers.
Mexico’s Federal Labor Law Will Entitle Employees to More Mandatory Vacation Days
On December 14, 2022, Mexico’s Senate of the Republic approved the final project to modify Articles 76 and 78 of the Federal Labor Law (FLL), under which employees will be entitled to more mandatory and paid vacation days.
UK Parliament Considers Retained EU Law (Revocation and Reform) Bill 2022: the Potential Impact on Employment Law
On 22 September 2022, the UK Government published the Retained EU Law (Revocation and Reform) Bill 2022. Under the bill, all retained European Union law would be revoked on 31 December 2023 (the sunset date) or at a later date prior to 23 June 2026 (the ten-year anniversary of Brexit) unless specific steps are taken to retain it.
COVID-19 Update: Elimination of Mandatory Isolation in Some Federal States in Germany Poses New Challenges for Employers
As of November 23, 2022, the German Federal State of Hesse no longer requires an obligatory isolation period for persons who have tested positive for COVID-19.
Employers in Finland Have Little Time Left to Take Advantage of Employment Contracts Act Amendments Transition Period
Employers in Finland have a deadline of December 31, 2022, to double-check their pre-2022 employment contracts for noncompetition clauses and to waive them before the end of the transition year, if necessary.
Mexico’s Minimum Wage Set to Increase on January 1, 2023
On December 1, 2022, Mexican President Andrés Manuel Lopez Obrador announced that, unanimously, the business and labor sectors, as well as the government, had agreed to increase the minimum wage by 20 percent for 2023, which will be applicable in the Free Zone of the Northern Border (Zona Libre de la Frontera Norte or ZLFN), as well as the wage applicable in the rest of the country.
Medical Marijuana in Your Suitcase? How One Basketball Player’s Conviction Raises Concerns for Employers
On October 25, 2022, U.S. professional basketball player Brittney Griner lost her bid in a Russian appeals court to overturn a nine-year sentence for attempting to smuggle illegal drugs into Russia. According to reports, Griner, a Women’s National Basketball Association star and two-time Olympic gold medalist, was arrested at a Russian airport in February 2022 while attempting to enter the country to play professional basketball with vaporizer cartridges containing less than one gram of hashish oil, a product derived from marijuana. Griner reportedly has a prescription for medical marijuana in Arizona, but marijuana, including medical marijuana, remains illegal in Russia.
Ontario CUPE Strike 2022: A Sign of Things to Come?
A collision between the Ontario government and unionized education workers escalated into one of the most significant moments in recent Canadian labour relations history.
Canada Introduces Legislation to Combat Modern Slavery in Supply Chains
Canada is considering implementing new laws regarding supply-chain due diligence and other obligations relating to forced labour and child labour. In late 2021, Canadian Senator Julie Miville-Dechêne introduced Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff. It has since passed the Senate, and moved to the House of Commons where it is likely to pass and receive Royal Assent, becoming law.
Mexico’s Senate Approves Granting More Vacations to Employees
After several months of discussion and uncertainty, on November 3, 2022, Mexico’s Senate of the Republic approved a bill that would modify articles 76 and 78 of Mexico’s Federal Labor Law (FLL) to entitle employees to more paid vacation days.
German Employment Law Fall 2022 Update: Bonuses, COVID-19, and Annual Leave Entitlements
This fall and winter season, employers in Germany have several developments in German employment law to put on their radars, including optional bonus pay due to the spike in energy costs; workplace safety and health measures related to heat, and separately, COVID-19; and annual leave entitlements.
