Changes to BCEA Earnings Threshold and to National Minimum Wage Act from 1 March 2023

By Verushka Reddy and Zaid Majiet on March 1, 2023 Posted in South Africa

The Minister of Labour has determined that from 1 March 2023, the earnings threshold under the Basic Conditions of Employment Act, 1997 (BCEA) increased from R224 080.48 per annum (approximately R18 673.37 per month) to R241 110.59 per annum (approximately R20 092.55 per month). The national minimum wage increased from R23.19 per hour to R25.42 for … Continue reading

Bring-Your-Own-Device Programs: A Balance Between Privacy and Cybersecurity

By Liana Giorgio, Marisa Kwan, Joseph Cohen-Lyons and Curtis Armstrong on February 28, 2023 Posted in Canada

A ”bring your own device” (BYOD) program is a popular arrangement used by employers, whereby employees use their personal devices (e.g., smartphones, laptops, or tablets) for both personal and business purposes. Last year, about two-thirds of Canadian private sector employers had at least one employee using personal devices for business-related activities. [1]  While the BYOD approach may … Continue reading

CMA Advice on how to avoid anti-competitive behaviour

By Amanda Sanders (UK) on February 22, 2023 Posted in General, UK

On 9 February the Competition & Markets Authority (CMA) published a short guidance note for employers on how to avoid anti-competitive behaviour. The aim of the guide is to boost compliance with the rules regarding anti-competitive behaviour and to remind employers of their legal obligations.  The CMA points out that anti-competitive agreements can negatively impact … Continue reading

Court of Appeals to decide if nonresident plaintiffs can prevail under NY human rights laws in failure-to-hire cases

By Kevin MacNeill on February 21, 2023 Posted in Discrimination and harassment, United States

In Syeed v. Bloomberg L.P. 2023 WL 350565, the New York Court of Appeals recently accepted certification of a question on state law put to it by the United States Court of Appeals for the Second Circuit, namely: Whether a nonresident plaintiff not yet employed in New York City or State satisfies the impact requirement … Continue reading

AI in the workplace: the EEOC and New York City seek to prevent automated discrimination

By Preston Brasch on February 9, 2023 Posted in Discrimination and harassment, North America, United States

On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing entitled “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier”.[1] During the hearing, the EEOC explored the potential benefits and harms associated with artificial intelligence (AI) and other automated systems in the context of employment-related decisions, … Continue reading

A last sunset for Zombie Agreements

By Melinda Bell, Jessica Kamleh and Phina Conroy on February 9, 2023 Posted in Australia, General

In the second update in our series, we take a closer look at the key amendments introduced by the Fair Work Legislation (Secure Jobs, Better Pay) Act 2022 (Cth) (Secure Jobs Act) which significantly amended the Fair Work Act 2009 (Cth) (FW Act). Our article summarising the key changes can be accessed here. This update … Continue reading

Pour modifier ou faire cesser une pratique passée, la dénonciation est sans effet :le texte en cause de la convention collective doit plutôt être renégocié

By Emmanuelle Boilard and Sébastien Beauregard on February 2, 2023 Posted in Canada, Québec

Une récente décision (la Décision) rendue par l’arbitre Me François Hamelin (l’Arbitre)[1] confirme qu’au Québec, la dénonciation d’une pratique passée (utilisée comme moyen d’interprétation d’une disposition ambiguë d’une convention collective) n’a aucun effet en l’absence d’une modification, par négociation, du texte en cause. À notre connaissance, il s’agit de la première décision qui le confirme de … Continue reading

Changes to family and domestic violence leave in Australia

By Melinda Bell, Jessica Kamleh and Phina Conroy on January 31, 2023 Posted in Australia, General

From today, Australian permanent and casual employees working for non-small business employers can access 10 days of paid family and domestic violence leave (FDV Leave) every 12 months to deal with the impacts of family and domestic violence. This new entitlement replaces the previous National Employment Standards entitlement to 5 days of unpaid FDV Leave. Employees … Continue reading

Changes to the Fair Work Act – a closer look

By Melinda Bell, Jessica Kamleh and Phina Conroy on January 31, 2023 Posted in Australia, General

Terminating enterprise agreements past their nominal expiry The Fair Work Legislation (Secure Jobs, Better Pay) Act 2022 (Secure Jobs Act) received Royal Assent on 6 December 2022, significantly amending the Fair Work Act 2009 (FW Act). Our article summarising the changes can be accessed here. This update is the first in a series of updates taking … Continue reading

Germany – What to expect in 2023

By Claudia Posluschny and Frank Weberndörfer on January 23, 2023 Posted in Europe, General, Germany

German employment law will introduce numerous innovations and planned changes in 2023 that HR managers should be aware of. New legislation enters into force A number of new regulations have been in force since 1 January 2023. For example, employees with statutory health insurance will no longer have to submit a certificate of incapacity for … Continue reading