Australia’s Fair Work Commission Guidance for Use of Generative AI

On March 24, 2026, Australia’s Fair Work Commission (FWC or Commission) moved to formalize its stance on the use of artificial intelligence by publishing an exposure draft of its proposed Guidance Note: Use of Generative Artificial Intelligence in Commission Cases.

The draft guidance note acknowledges that GenAI tools may be used to assist litigants to produce applications, responses, submissions, witness statements, and other documents for submission to the Commission. However, it also warns that information generated by these tools may be incomplete, inaccurate, or fabricated. President Justice A Hatcher’s statement accompanying the guidance note explains that the draft aims to address the increase in the Commission’s workload due to the use of GenAI tools by potential litigants.

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Key Developments in Mexico: Updates to the Workweek and Overtime

On March 3, 2026, Mexico published a decree reforming its constitution to gradually reduce the workweek from 48 hours to 40 hours. The reform seeks to reduce employee fatigue and occupational accidents by increasing rest time.

As of January 1, 2027, the work schedule will be gradually reduced by two hours, eventually reaching a maximum of 40 hours per week in 2030. The reduction in workweek hours will be implemented as follows:

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India’s New Era of Labor Laws

On November 21, 2025, India implemented a sweeping overhaul of its labor law regime, transforming labor compliance nationwide. This reform consolidates and updates 29 central labor laws into four comprehensive labor codes: the Code on Wages (2019), the Code on Social Security (2020), the Industrial Relations Code (2020), and the Occupational Safety, Health and Working Conditions Code (2020) (collectively, the “Labor Codes”).

Key Changes, Implications and Challenges of India’s Four Labor Codes

The four Labor Codes significantly update India’s current labor and employment framework, aiming to modernize and improve protections for the workforce while also streamlining compliance for employers. Below is an overview of key features for each Code:

  • Code on Wages (2019)

    Implementation of the Code on Wages (2019) brings greater uniformity and inclusivity to India’s wage and hour laws. Key reform highlights include:

    • Universal Coverage: Provisions related to timely wage payments, authorized deductions and wage protection now apply to all employees, eliminating previous wage thresholds.
    • Standard Definition of Wages: A uniform definition of “wages” across all four Labor Codes, and now requires that at least 50% of a worker’s total compensation must be wages.
    • Minimum Wage Floor: All workers are now entitled to earn a minimum wage, set by a national wage floor that applies throughout India and across industries. Wages can now legally be paid electronically.
    • Gender Equality and Protection: “Equal pay for equal work” is now enforced for all genders, including transgender persons. Protections for women working nightshifts are strengthened and opportunities expanded.
    • Higher Penalties for Noncompliance: Penalties for violations are now much higher, with imprisonment possible depending on the nature of the offense. However, certain first-time or minor offenses are now decriminalized and subject to monetary fines instead.

    Employer Action: Employers should review wage structures, payroll processes, pay timelines and record-keeping to ensure compliance.

  • Code on Social Security (2020)

    While some provisions of the Social Security Code took effect on November 21, 2025, others will become enforceable as additional rules are finalized. Key reform highlights include:

    • New Categories of Workers: The Code formally recognizes “fixed-term employment,” “platform workers” and “gig workers,” extending protections and benefits to these groups.
    • Expanded Social Security Eligibility: Social security eligibility is now available to a broader group of workers, including fixed-term, piece-rate, seasonal and disabled workers. Fixed-term employees qualify for benefits after just one year of service, compared to five years for permanent employees.
    • Enhanced Maternity Benefits: The legal protections of pregnant and postpartum workers are strengthened, with higher medical bonus payments and clearer definitions of prohibited “arduous” work. Establishments with 50 or more employees must provide childcare (“creche”) facilities for female workers, including daily visitation rights.
    • Higher Penalties for Noncompliance: Employers face stricter penalties, especially for repeat violations.

    Employer Action: Employers should take steps to review and update their current benefits policies to ensure compliance with these new obligations.

  • Industrial Relations Code (2020)

    All provisions of the Industrial Relations Code are effective and enforceable as of November 21, 2025, and outline updated workplace regulations to better align India’s laws with modern practices. Key reform highlights include:

    • Broader Definitions: The definition of “industry” now includes nonprofit and low-capital organizations, broadening worker coverage and protections.
    • Recognizing Trade Unions: Trade unions are now recognized as negotiating bodies under the Code. A union with at least 51% membership of the workers is designated as the negotiating union for collective bargaining and grievance purposes. Further, Grievance Redressal Committees must now be larger and gender inclusive.
    • Retrenchment Threshold Raised: Government approval for termination (“retrenchment”) is now required only for establishments with 300 or more workers, an increase from the previous 100-person threshold that will make it easier for certain employers to terminate workers.
    • Re-skilling Fund: Employers must now contribute an amount equal to 15 days of wages to a government fund for each terminated worker, effectively increasing the cost of terminating workers for employers.
    • Higher Penalties for Noncompliance: Penalties for violations are now much higher, with imprisonment possible depending on the nature of the offense.

    Employer Action: Though smaller employers will gain flexibility in workforce reductions, all employers should take steps to review their termination and workforce restructuring policies, begin contributions to the re-skilling fund, and update workplace policies regarding trade unions.

  • Occupational Safety, Health and Working Conditions Code (2020)

    All provisions of the Occupational Safety, Health and Working Conditions Code are now in effect, and aim to establish a uniform framework for ensuring safe and hygienic working conditions and facilitate employer compliance.

    • Unified Standards and Expanded Coverage: Health and safety requirements for employers are now standardized and apply across industries. Under the Code, covered employers are required to follow safety and health standards, provide free annual health check-ups, issue appointment letters to all employees, and establish Safety Committees in certain circumstances.
    • Greater Protection for Women: Women may now work in all roles and during extended hours (before 6 a.m. or after 7 p.m.), provided they give consent and all safety measures are met.
    • Hazardous Work Safety: Employers must now comply with stricter welfare, sanitation and safety rules when operating in hazardous industries.
    • Higher Penalties for Noncompliance: Penalties for violations are now much higher, with imprisonment possible depending on the nature of the offense.

    Employer Action: Employers should take steps to verify workplace safety and welfare policies to align with new requirements.

What Employers Should Know Now

These long-awaited reforms signal a significant shift in India’s approach to labor regulation, increasing protections and modernizing compliance. Employers with operations in India should begin to familiarize themselves with the new legal requirements under all four Labor Codes, review their employment policies and procedures, and ensure ongoing compliance.

Mexico’s 12 Percent Wage Hike Comes Into Effect January 1, 2025

The right to a minimum wage sufficient to meet the basic needs of workers is enshrined in the Mexican Constitution. Minimum wages in the country are set on a daily basis, ensuring workers receive a set amount for each day worked. On January 1, 2025, the Mexican minimum wage, which is set by the National Minimum Wage Commission (Comisión Nacional de los Salarios Mínimos or CONASAMI), received a considerable 12 percent increase nationwide.

With this increase, the nationwide minimum wage is now MXN $278.80 per day (or approximately USD $13.76) and the minimum wage for the Free Zone of the Northern Border (Zona Libre de la Frontera Norte or ZLFN), the area along the northern border of Mexico, which encompasses the states of Baja California, Sonora, Chihuahua, Coahuila, Nuevo León and Tamaulipas, is now MXN $419.88 per day (or approximately USD $20.72). The 12 percent increase will also apply to workers in 61 professions and trades who are entitled to special professional minimum wage. Specific professions impacted include construction workers, cashiers, agricultural laborers, domestic workers, and masons and bulldozer operators.

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Australia Set to Join Growing List of Countries Recognizing “Right to Disconnect” From the Workplace

The Law

Under amendments to the Fair Work Act 2009, employees in Australia are being given a new “right to disconnect” from the workplace outside of normal working hours. Under the new law, employees may refuse contact, including refusing to monitor, read or respond to contact from the employer or a third party outside of working hours unless the refusal would be “unreasonable.”

While “contact” is not defined in the legislation, it is likely to include any form of contact including email, text or social media messages (e.g., WhatsApp) and phone calls.

The law contains a nonexhaustive list of factors that should be considered when determining whether an employee’s refusal is “unreasonable,” including:

  • The reason for the contact
  • Whether the employee is compensated or paid extra for being available to be contacted to perform work within a specific period or working additional hours outside of their ordinary working hours
  • The nature of the employee’s role and level of his or her responsibility
  • The employee’s personal situation such as family or caring responsibilities

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Promises and Perils: Guiding Principles for Employers Implementing Artificial Intelligence in the Workplace

On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.  Pursuant to the Executive Order, on May 16, 2024, the U.S. Department of Labor (DOL) published the following eight principles regarding the development and use of AI in the workplace:

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