Be Global: Employment law in 5

The US Supreme Court issued several decisions in June with implications for employers. In Dobbs v. Jackson Women’s Health, the Court held that the US Constitution does not confer a right to abortion, leaving it up to the states to determine if, when, and how abortion is permitted. Many employers are assessing the implications, including whether and how to provide health insurance, funding, or time off for health care that includes abortion services for employees in states that prohibit or otherwise limit those services. Employers are also preparing for employee speech and conduct issues (both in the workplace and off-duty). Please contact our multi-disciplinary task force at DobbsTaskForce@dlapiper.com if you have questions about how the decision may impact your workforce.

In another case, Viking River Cruises, Inc. v Moriana, the Court held that the Federal Arbitration Act preempts the California Supreme Court’s decision in Iskanian to the extent it prevents parties from arbitrating claims under the California Private Attorneys General Act on an individual basis. Read more here.

A new government took power in Australia in May, a change which will have significant impacts for employers across all sectors. In the lead-up to the election, the Australian Labor Party (ALP) committed to introducing a range of major legislative reforms across the employment and industrial relations landscape – among them addressing casual employees, gig economy workers, and sexual harassment and discrimination. Already, the ALP has pushed forward its support for an increase to wages, with the Fair Work Commission confirming that a 5.2 percent increase in the minimum wage will take effect from July 1, 2022. The ALP has also indicated that it plans to prioritize the implementation of 10 days’ paid family and domestic violence leave. Click here for more information. 

As the COVID-19 pandemic evolves, many countries are taking steps to introduce more flexibility in the labor market. On June 8, 2022, the Swedish parliament voted to implement change which Sweden’s Minister for Employment and Gender Equality describes as the “greatest reform of Swedish employment law in modern times.” The new rules entered into force on June 30, 2022, and will be applied from October 1, 2022. Click here for more information. 

On June 8, Brazil’s Supreme Court held that the intervention of unions is necessary to carry out the mass dismissal of employees. Read more here.

In Colombia, newly elected President Gustavo Petro will take over the government on August 8, 2022.  Petro has proposed introducing legislative reforms regarding the pension system, health system and employee’s salary retention. Meanwhile, the current President announced that the COVID-19 sanitary emergency will not be extended, meaning various measures no longer apply as of July 1, 2022. Read more here.