UK Government Plans to Introduce the ‘Right to Switch Off’

The UK government has recently indicated that it intends to introduce the “right to switch off” for workers. This follows a global trend of similar legislation in other jurisdictions. As outlined in our earlier post on LaborSphere, a similar right has recently taken effect in Australia and is already standard in many European countries.

In its “Plan to Make Work Pay,” the government states that it intends to follow models such as those that are already in place in Ireland and Belgium, “giving workers and employers the opportunity to have constructive conversations and work together on bespoke workplace policies or contractual terms that benefit both parties.”

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New UK Government Proposes Employment Legislation

After winning the general election last month, the new UK government has started to focus on the implementation of its manifesto pledges. The King’s Speech, which took place on 17 July 2024, sets out the legislative agenda for the new government. Our team dives into the two pieces of proposed employment legislation that were announced in the speech, along with two other developments in the UK employment landscape.

For the full alert, visit the Faegre Drinker website.

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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UK Labour Party Promises Major Changes to UK Employment Law

Labour is expected to win the UK general election on 4 July 2024, which is likely to bring about significant changes to UK employment law as Labour implements its manifesto pledges. We summarize the key employment pledges in the Labour manifesto, as well as the Employment Appeal Tribunal’s recent decision in Armes v TwistDX and Others, and recent changes to paternity leave and statutory flexible working requests.

To view the full alert, visit the Faegre Drinker website.

Canada’s Online Harms Act Aimed to Address Harmful Online Content

Earlier this week, Canada introduced Bill C-63, also referred to as the Online Harms Act (the “Act”), which would require online content providers to act responsibly with regard to the platforms they operate and to remove harmful online content. The Act further establishes a Digital Safety Commission of Canada to administer and enforce the legislation, as well as ensure that operators of social media services are held accountable under the requirements of the Act.

Purpose

The Act is aimed to promote online safety and protect children from harmful online content. The Act requires content providers to swiftly remove all harmful content, defined under the Act to include:

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Overview of U.S. Employment Law for International Employers

This guide is a non-comprehensive overview of employment laws in the United States for international employers.  We hope that it will assist employers that already employ individuals in the U.S. and employers that are considering becoming operational in the U.S. in better understanding U.S. employment laws and practices.

Generally speaking, what differentiates U.S. employment law from that of other countries is that the U.S. has very few legally required benefits that an employer must offer its employees.  Although it can differ state by state, things that are legally required and commonplace in other countries—such as paid holiday, paid leave, and mandatory severance benefits—are generally not legally required in the United States.  Instead, most benefits offered by employers are considered gratuitous and used as tools to recruit and retain employees.  This has led employers to be creative in their benefit offerings, including the use of “unlimited” vacation policies, fully remote work, egg freezing or fertility stipends, and the like.

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