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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 … Continue Reading

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 … Continue Reading

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. The first measure holds that the appointment of … Continue Reading

“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 … Continue Reading

Common sense briefly prevails in UK’s “taking back control of our laws” debate

Things have surely come to a pretty pass when it is front page news twice in two weeks that the Government has decided not to press on with doing something daft.  First, the abandonment of smart motorways and last week, reports that the Government has backed away from its original proposal to wipe all EU-sourced … Continue Reading

Italian Government approves new labour market reforms

On 1 May, the Italian government’s Council of Ministers approved a new “Labour Decree” that will make significant changes to current employment law provisions. The final text of the Decree has not yet been published in the Official Gazette, but below is a summary of the main provisions that will affect employers based on the … Continue Reading

The End of the COVID-19 Travel Restrictions Era is Near (US)

On May 1, 2023, the White House announced that the COVID-19 vaccination mandate for nonimmigrant international air travelers will end as of the end of the day on May 11, 2023. Implemented in 2021 in response to the COVID-19 public health emergency, the mandate required all nonimmigrant travelers arriving in the US by air to … Continue Reading

Psychosocial hazards and poor organisational justice – necessary protection or a step too far for employers? (Australia)

There is a growing emphasis on the need to properly manage psychosocial hazards in the workplace that may create a risk to workers’ health and safety. But recent changes to safety laws indicate that psychosocial hazards include the potentially subjective concept of “poor organisational justice”. Have things gone too far, or is “poor organisational justice” … Continue Reading

State Law Roundup: 2022 Year-End Edition (US)

State and local legislatures were active throughout 2022 in passing laws and ordinances that will impact employers of all sizes and all industries in 2023. Click HERE for our summary of these laws and related developments, including important developments in California, Colorado, Illinois, New York, and elsewhere! If you haven’t already, you might also want … Continue Reading

COVID-19 Testing Requirements Reinstated for Air Passengers Entering the United States from the People’s Republic of China, Hong Kong, and Macau (US)

The US Centers for Disease Control and Prevention (CDC) just announced, effective January 5, 2023 at 12:01 AM EST, airline passengers (two years of age and older) traveling from mainland China (Peoples Republic of China (PRC)) and the Special Administrative Regions of Hong Kong or Macau must provide either a negative COVID test or documentation … Continue Reading

Possible impact of Brexit on UK employment law – some informed guesses

So if in some parallel universe you had somehow acquired the ability to strike red lines through EU-derived employment legislation, where would you put them? That is a question I put well before the Brexit Referendum to countless HR audiences, the very people one might think would be straining at the leash to make changes … Continue Reading

California Legislative Year-End Review (US)

California’s active legislative year has finally come to a close, with Governor Gavin Newsom signing several new laws to further regulate the workplace. Summarized below are the laws expected to most significantly impact California employers. Unless otherwise stated, these new laws take effect January 1, 2023.… Continue Reading

California Issues New Definition of “Close Contact” – Time for Tape Measures and Calculators (US)

The California Department of Public Health (CDPH) revised its definition for what constitutes a “close contact” for purposes of Cal/OSHA’s Emergency Temporary Standard (ETS).[1] The revised definition will likely be good news for big box retailers, large manufacturers and warehouses. The rest of the state will remain bound by the existing standard.… Continue Reading

New York City’s Private-Sector Vaccine Mandate to Expire in November (US)

On Monday, September 20, New York City Mayor Eric Adams announced that the City’s private sector COVID-19 vaccine mandate will expire on November 1, 2022. For now, the approximately 184,000 employers currently covered by the mandate will have to continue to exclude their unvaccinated workers from the workplace. However, beginning November 1, businesses will have … Continue Reading

Proposed new EU regulatory regime for Artificial Intelligence – more relevant to HR than you might think (UK)

For the last year or so the EU Commission has been working on the world’s first serious attempt to create a regulatory framework around the use of AI, the Artificial Intelligence Act.  The Proposal itself runs to over 100 pages of dense type and no pictures, so is a fairly off-putting read at first look.  … Continue Reading

Better late than never, just about – UK government issues workplace guidance on living with covid

So with Covid 19 now officially behind us for all purposes (except actual reality, obviously), we have now been graced by the Government’s new “Living with Covid” guidance.  This was due to come into force on 1 April and was released fashionably late in the afternoon on, well, 1st April.  You could say with some … Continue Reading

UK Government proposes withdrawal of mandatory vaccinations for care home workers – with what impact on other businesses?

So you have finally introduced a no-jab, no entry policy in your workplace and now the government seems intent on pulling the rug on the whole thing by agreeing that even workers with some of the UK’s most vulnerable people don’t need to be vaccinated after all.  If they don’t need the jab, on what … Continue Reading

US Federal Labor Viewpoints – Week of January 17, 2022

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of January 17, 2022. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

OSHA Withdraws COVID-19 Vaccination-or-Test Emergency Temporary Standard (US)

As was anticipated by many, on Tuesday, January 25, the U.S. Occupational Safety and Health Administration (OSHA) announced the withdrawal of its November 2021 “Emergency Temporary Standard” (ETS) that would have required private sector US employers with 100 or more employees to either mandate COVID-19 vaccinations for their employees or require them to comply with … Continue Reading

US Federal Labor Viewpoints – Week of January 10, 2022

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of January 10, 2022. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

OSHA’s “Vax-or-Test” ETS: Where Do We Go From Here? (US)

By now, employers know that on January 13, the United States Supreme Court stayed the controversial “Emergency Temporary Standard” (ETS) issued by the U.S. Occupational Safety Administration (OSHA). (See our post discussing the Court’s ruling here). Now that the dust has settled somewhat, employers that would have been subject to the ETS had the Supreme … Continue Reading
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