Last week, the Democrat-majority members of the National Labor Relations Board (NLRB or Board) overruled a nearly 40-year old precedent (Tri-Cast), now making it unlawful for employers to explain to employees, even in non-coercive, non-threatening terms, the potential downside of selecting union representation (see our post here). With the election outcome poised to flip
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Deja Brew All Over Again: NLRB Overturns Decades of Precedent, Further Restricting Employer Speech (US)
By Gabrielle Martin & Joe D
Any question whether, in light of the recent election outcome, the Democrat-majority members of the National Labor Relations Board (NLRB or Board) would scale back their high-profile efforts to rewrite federal labor law to favor unions was answered only days after the election, with those members issuing a decision overruling a nearly 40-year-old case that…
How not to protect a protected conversation with your employees (UK)
I think I speak for many in the employment law community when I say that Section 111A(4) Employment Rights Act has always been something of a disappointment. Here we have a provision which allows the protection of a protected conversation to be blown apart by improper behaviour, a term wholly undefined in the Act, and…
Post-Election Flash Update (US): What Employers Need to Know Today
On November 5, 2024, voters across the country weighed in on several state and local ballot measures impacting employment law, including increases to state minimum wage rates and paid sick leave mandates. Summarized below are the outcomes of the more prominent ballot measures decided by voters, including new obligations for employers in Alaska, Maine, Missouri,…
Maternity absentees not always protected in redundancy cases (UK)
So now we finally have a definitive answer to the question of whether being on maternity leave at the time redundancies are declared gives you priority in the selection process. That answer is no. And yes. As we can say entirely definitively, it all depends.
Let us take two scenarios. …
The Data Made Me Do It: New DOL guidance warns employers to address Artificial Intelligence (AI) risks in the workplace (US)
By Joe D & Mike Fussell
In the rapidly developing world of AI, federal regulators are again signaling that businesses and HR managers cannot depend on a “data made me do it” defense to employment decisions made with the help of AI systems. Expanding on guidance it released in May, the US Department of Labor (DOL) issued new guidance on October…
The AI revolution: Europe, we need your help!
If the technological developments of this decade are to be described in one (or actually, three) words, they will be, without a doubt, be (generative) artificial intelligence. AI is everywhere these days: it’s in the news, it’s on our phones, it’s writing your mum’s Christmas cards … there is no escaping it. But how much…
Platform workers: a new era of labour protection in Singapore
By Julia Yeo, Charmian Aw & Li Lian Eu
The Platform Workers Act coming into effect on 1 January 2025 will be a game-changer in Singapore’s labour landscape. It marks a significant step towards recognising the unique circumstances of platform workers and providing them with essential protections. As one of the first countries to establish specific safeguards for this growing workforce, Singapore is demonstrating…
Employment Bill 2024 – the perils of believing your own publicity (UK)
Before getting into the detail of last week’s Employment Bill, which we will do here separately, a brief review of its press release. Where new law is proposed, this is usually a good starting point from which to judge the quality of the legislation it supports. On that basis, I think it fair to say…
California Legislative Year-End Review: Preparing Employers for 2025 (US)
California’s busy legislative year has come to an end, with Governor Gavin Newsom signing several new laws that will impact Golden State employers. Here, we summarize the laws expected to have the greatest impact on California employers in 2025.
Unless otherwise noted below, these new laws take effect January 1, 2025.…