| | | | Worker status: In two landmark decisions, Australia’s High Court determines that the answer is in the writing | | On February 9, 2022, the High Court of Australia (HCA) gave its judgment in two landmark cases, rejecting the previous authorities for determining contractor versus employee status and providing clarity on what constitutes an independent contractor under common law. Critically, the HCA has rejected the multi-factor approach and given primacy to the written terms agreed between the parties. Read full details here. These cases serve as a timely reminder that worker status issues remain unresolved in many global jurisdictions and continue to be hotly contested through litigation, often to the higher courts. When the outcome is unfavorable to employers, there can be costly liabilities. In a recent UK Court of Appeal decision, for example, a worker was found to have been misclassified and therefore entitled to significant back pay for holiday. | | |
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| | | | Sexual harassment claims: New US restrictions on forced arbitration | | On February 10, the US Senate passed a landmark #MeToo bill banning forced arbitration of workplace sexual harassment or sexual assault claims. Read more about the US development here and join our upcoming webinar discussing the latest developments and strategies for companies using arbitration agreements to manage employment litigation risks. The development is consistent with a trend toward greater regulation of sexual harassment, including curbs on the way such claims are settled. UK legislation is expected over the coming months to curb the use of non-disclosure agreements for workplace harassment or discrimination. | | |
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| | | | Following global trend, Belgium’s new labor deal includes right to disconnect | | On February 15, the Belgian government reached an agreement on a new labor deal. The measures intended to create more flexibility for employers and employees (which could be revised before they become law over the coming months) include a right to disconnect for private sector employees, the right to request a four-day work week and new criteria to determine employment status of platform workers. Read full details here. This move to a private sector right to disconnect follows the recent introduction of the right for public sector employees in Belgium. Similar laws have recently been introduced in other countries, among them Portugal, Ireland, Spain and Canada’s Ontario province. Last year, the EU Parliament called for an EU-wide right to disconnect law. Because home and hybrid working trends look likely to outlast the pandemic, measures to tackle the “always-on” culture are unlikely to subside. | | |
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| | | | Take our 15-minute UK Diversity & Inclusion Index assessment | | Our 15-minute D&I index is designed to help UK employers assess diversity and inclusion (D&I) performance across key employment areas including recruitment, policies, training, culture, reward and leadership. The index will score your organization, benchmark it against other businesses in your sector and help you to identify key areas of focus for compliance with best practice and legal obligations. Take the D&I Index assessment here. | | |
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| | | | Watch: AI in the workplace; new UAE labor law; APAC trends; Ontario Bill 27 | | Catch up with some of our recent employment webinars: Artificial intelligence in the workplace: Watch a 30-minute overview: AI: Where are we now and what is the future of work? Join us for our upcoming March sessions on key risks of AI in the workplace; the emerging AI regulatory environment; and a framework for AI success in the workplace. New UAE Labor Law: Watch our overview of the significant new UAE law that came into effect on February 2. Asia Pacific employment update: Watch our webinar summarizing key employment law changes and trends across APAC in 2022. Ontario (Canada) Bill 27: Watch our webinar on Bill 27 including restrictions on non-competes and the new right to disconnect and what this means for Ontario employers. To discuss how any of these issues impact your business, please contact your local DLA Piper contact or email us at employment@dlapiper.com. | | | | | |
