Laborsphere

Polish Employment Law Developments: Substance Testing and Remote Work

A notable development in Polish employment law recently was passed. The legislation includes substance testing requirements and regulations on remote work.

This new legislation will have a powerful impact on Polish companies. Employers located in Poland should examine their policies and procedures to ensure they comply with these new regulations. Polish employers will be required to add special clauses reflecting the substance testing and remote work stipulations to their internal Work Regulations.

Substance Testing Requirements

On January 1, 2023, the law on substance testing is expected to come into force.

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Mexico Employment Law Update: Vacation Days Must Increase Beginning January 1, 2023

Employers with a presence in Mexico should be aware of a recent change in Mexican employment law. Effective as of January 1, 2023, employees in Mexico will be entitled to more vacation days.

Employees with one to five years of seniority will enjoy six more days of vacation entitlement. Currently, the vacation entitlement for employees with one, two, three, four and five years of seniority is six, eight, 10, 12 and 14 days, respectively. The new legislation will require employers to raise those vacation-day tallies to 12, 14, 16, 18 and 20 days, respectively.

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No More Non-Disclosure and Non-Disparagement Clauses in Pre-Dispute Agreements Involving Sexual Harassment and Sexual Assault

On December 9, 2022, President Biden signed the “Speak Out Act” (the Act). The Act follows the enactment of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which made pre-dispute arbitration agreements for sexual assault and sexual harassment claims invalid and unenforceable. The Act is similar to laws passed in California, Illinois, New Jersey, and New York in response to the #MeToo Movement. The Act became effective upon the President’s signature.

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Confidentiality and Nondisclosure Agreements (California) – 2022

Los Angeles partner Mark Terman and associate Maria Cho have provided an annual update to a Practical Law article, entitled “Confidentiality and Nondisclosure Agreements (California).” In their article, Mark and Maria discuss how companies can protect their information, including the use of confidentiality agreements and related practices, under California law. They also outline practical tips on developing internal systems and contract provisions designed to protect a company’s sensitive information, including its business assets and relationships, data security and trade secrets.

Practical Law™, a division of West Publishing Corporation, provides legal know-how for business lawyers. It also acts as secretariat for the GC100 group of general counsel and company secretaries.

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Employers, There is a New EEOC Workplace Poster and You Should Post it Immediately

On October 20, 2022, the Equal Employment Opportunity Commission (EEOC) released a new “Know Your Rights” poster, which replaces the former “EEOC is the Law” poster.

EEOC Chair Charlotte Burrows described the new poster as a “win-win for employers and workers… making it easier for employers to understand their legal responsibilities and for workers to understand their legal rights.”

Similar to the old poster, the new poster summarizes the federal anti-discrimination laws enforced by the EEOC:

Title VII of the Civil Rights Act;
The Americans with Disabilities Act;
The Equal Pay Act;
The Age Discrimination in Employment Act; and
The Genetic Information and Nondiscrimination Act.

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Colorado’s Public Health Emergency Leave Now Covers COVID-19 and ‘Similar Respiratory Illnesses’

Colorado’s Healthy Families and Workplaces Act (the HFWA) requires employers provide up to two weeks of supplemental paid sick leave — often referred to as public health emergency leave (PHEL) — when a public health emergency is declared. As we previously described, this leave is awarded in addition to employees’ regular paid sick leave required by Colorado law. C.R.S. § 8-13.3-405. PHEL is provided per public health emergency and is to be used for reasons specifically connected to the public health emergency.

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