Legislation

Subscribe to Legislation RSS Feed

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

MPs use Private Members’ Bills to advance government’s employment agenda (UK)    

Parliament’s Private Members’ Bills ballot gives backbench MPs the opportunity to propose new legislation or changes to existing laws on a topic of their choice. We wouldn’t normally report on Private Members’ Bills as very few of them ever become actual law and some are downright silly – if you can still find it, take … Continue Reading

UK Government allows agency staff to cover for striking workers

Despite what seems to be almost universal opposition to its proposals, the government has changed the law to allow employment businesses to supply temporary workers to cover for striking workers. Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 prohibits employment businesses from supplying temporary workers to cover (i) the duties … Continue Reading

New Colorado Law Dramatically Limits Use of Employment-Related Restrictive Covenants (US)

Squire Patton Boggs Summer Associate Jacob Williams details how new legislation in Colorado will impact employers’ use of non-competition covenants in the Centennial State. Adding to a growing nationwide trend placing restrictions on the use of non-competition agreements in employment contracts, Colorado is the most recent state to adopt exacting restrictions on employers’ use of … Continue Reading

Implementation of the EU Whistleblowing Directive in Germany: latest position

As per our previous blog post, very few members of the European Union managed to implement the provisions of the Whistleblowing Directive into their national legislation before the 17 December 2021 deadline for compliance. Germany is one of the countries that failed to meet the deadline, but as in a number of other EU countries, … Continue Reading

Implementation of the EU Whistleblowing Directive in France: latest position

France already has fairly extensive legislative protection in place for whistleblowers under its “Sapin II” law, with certain private and public organisations required to operate whistleblowing schemes, but the scope of this protection is being expanded to ensure compliance with the EU Whistleblowing Directive. Legislation to that effect was supposed to go live in each … Continue Reading

Implementation of the EU Whistleblowing Directive in Spain: latest position

In our latest update on how the EU Whistleblowing Directive is being implemented across Europe, we focus on recent developments in Spain. Whistleblowers in Spain currently have very little legislative protection, with existing provisions limited to certain types of complaint (e.g. money laundering) and certain sectors (e.g. financial institutions).  To comply with the much broader … 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

D&I reporting and quotas — practical concerns for employers (UK)

Here are two related questions from our What’s Next webinar of a fortnight ago, both arising out of government consultations in connection with possible further diversity reporting obligations. Since the webinar the government has issued a response to the consultation around ethnicity pay reporting which implies strongly that there won’t be any legislation on that … Continue Reading

UAE: what next in working week changes

The UAE authorities announced late last year that in Federal Government departments from 1 January 2022 the working week would be reduced to four and a half days, with the weekend running from Friday afternoon to Sunday night. The authorities also confirmed that all schools and universities would operate from Monday to Friday on the … Continue Reading

President Biden Signs Into Law Ban on Mandatory Arbitration of Sexual Harassment Claims (US)

On February 11, 2022, we reported on Congress’ enactment of legislation barring the use of mandatory arbitration provisions in cases of sexual assault or sexual harassment. On March 3, 2022, President Biden signed the bill into law, as expected, making it illegal to compel an employee to arbitrate a claim of sexual assault or sexual … Continue Reading

What Employers Need to Know about California’s 2022 COVID-19 Supplemental Paid Sick Leave Law (US)

On February 19, 2022, California employers with more than 25 employees must begin complying with California’s latest paid sick leave legislation (Senate Bill 114 to be codified as Cal. Labor Code § 248.6) and provide supplemental paid sick leave to covered employees who are unable to work or telework due to COVID-19 related reasons. While … Continue Reading

Congress Bars Forced Arbitration of Sexual Harassment Claims (US)

On February 7, 2022, the U.S. House of Representatives passed, and on February 10, the U.S. Senate approved, a bill (the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Act)) that would amend the Federal Arbitration Act (FAA) so as to invalidate clauses in employment agreements requiring employees to arbitrate claims of sexual … Continue Reading

State Law Round-Up: Year-End Edition (US) (Part 2 of 2)

Welcome to Part 2 of the 2021 Year-End Edition of the State Law Round-Up, covering states in the second half of the alphabet. Part 1, covering the first part of the alphabet, can be found here. Maine:  Maine’s “ban-the-box” law, HP 845, went into effect October 18, 2021.  The law prohibits private employers from requesting … Continue Reading

US Supreme Court to Hear Vaccine Mandate Appeals

In a pair of orders consolidating several pending cases, on December 22, 2021, the US Supreme Court agreed to hear emergency appeals from orders from multiple federal appellate courts relating to two of the pending COVID-19 vaccine mandates – the Emergency Temporary Standard (ETS) issued by the US Occupational Safety and Health Administration (OSHA) and … Continue Reading

New York Latest State to Provide Additional Employee Privacy Protections With Electronic Monitoring Law (US)

From Labor & Employment Partner Katharine Liao and our Data Privacy & Cybersecurity colleague Kristin Bryan, below is a post from Squire Patton Boggs’  Consumer Privacy World blog covering recent legal developments involving electronic monitoring of employees in New York State. Beginning on May 7, 2022, employers in New York State who engage in electronic … Continue Reading

New York City Announces First of its Kind Private Sector COVID-19 Mandate (US)

UPDATE (12/10/21): Justice Frank Nervo issued an amended order, filed December 9, 2021, clarifying that New York City’s municipal-worker mandate remains in effect until the scheduled December 14, 2021 hearing. On Monday, December 6, 2021, New York City’s outgoing mayor, Bill de Blasio, announced a “first-in-the-nation” COVID-19 vaccine mandate, requiring that all private sector employees … Continue Reading

Global Edge 2.0, The Inside Track: Part 3 – There May Be Trouble Ahead

One of the traditional shortcomings of conventional international employment law resources is that they are very good at what was and not bad on what is, but quite hopeless on what will be. So it takes a pretty special product to give you not just news of international employment law developments in the pipeline but … Continue Reading

Biden Administration Nixes Trump-Era EEOC Pre-Suit Conciliation Rule (US)

Late last year, we reported that the Equal Employment Opportunity Commission (EEOC) had released a proposed rule modifying the mandatory conciliation process the EEOC must follow before it can file a lawsuit in its own name against an employer. Under long-standing anti-discrimination statutes, before the EEOC can commence litigation against an employer for employment discrimination … Continue Reading

Illinois Legislature Passes Bill Impacting Non-Competition and Non-Solicitation Covenants: What Employers Need to Know (US)

Squire Patton Boggs Summer Associate Gabrielle Martin summarizes substantial changes to Illinois’ Freedom to Work Act included in recently-passed legislation which will impose significant new requirements and limitations on the use of non-competition and non-solicitation covenants in Illinois. Joining an emerging trend among the states to place statutory limits on the ability of employers to … Continue Reading

Arizona and Many Other States Begin Legislative Process to Protect Employees Against Discrimination Based on COVID-19 Vaccine Choices (US)

Currently pending before the Arizona legislature, Senate Bill 1648 would prohibit discrimination in the workplace (and elsewhere) against individuals who have not received or who refuse to receive a COVID-19 vaccine. As proposed, the bill would prohibit any employer from requiring a person to receive or disclose whether they have received a COVID-19 vaccine as … Continue Reading

Spring State Law Round-Up (CT, IL, OH, NY, PA, DC)

State legislatures have been busy in 2021 passing new employment-related laws. Here we look at some of the highlights of new laws in Connecticut, Illinois, Ohio, New York, Pennsylvania, and Washington, D.C. Connecticut is the latest state to prohibit discrimination based upon traits historically associated with race, including hair texture, protective hairstyles such as wigs … Continue Reading
LexBlog