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3 de outubro de 20243 minute read

Be Global: Employment law in 5

5 developments to read for September in less than 5 minutes
Focus: On the Middle East

In the Middle East, requirements to hire local citizens are expanding. Oman is moving towards private sector Omanisation through new labour regulations; in Saudi Arabia a platform has been launched to increase numbers of nationals in the workforce; and in the UAE, Emiratisation targets have been expanded to apply to establishments with 20 to 49 employees. 

Greater labour law enforcement is another regional trend. In Bahrain, the Labour Fund announced a crackdown on illegal employment practices; Oman introduced new controls for private sector establishments that violate the Labour Law; and the UAE government increased fines and criminal penalties for labour law violations. Finally, in Saudi Arabia, the Council of Ministers has approved a number of amendments to the Labour Law, representing the most significant change since 2015.

 

Act: New UK duty to prevent sexual harassment at work

26 October 2024 is a landmark date for UK employers. For the first time, they will have a positive duty to take reasonable steps to prevent sexual harassment at work. The Equality and Human Rights Commission recently published updated technical guidance with the aim of helping employers to navigate this new duty. To ensure compliance, employers should carry out appropriate risk assessment measures and draft and implement policies and training programmes.

 

Monitor: Expanding scope of diversity laws

The scope of diversity and discrimination laws continues to develop across the globe. In Chile, recent changes to the Labour Code increase the minimum percentage of persons with disabilities that must be hired by employers from 1% to 2%. Enforcement authorities in Portugal announced inspections from September 2024 to March 2025 to ensure compliance with mandatory quotas for hiring persons with disabilities. In Costa Rica, a Law Against Discrimination Based on Hairstyles has been signed into law and in Finland compensation has been awarded to employees who were discriminated against on the basis of their trade union activities.

In the US, states continue to expand discrimination protections. For example, California recently enacted an intersectionality anti-bias law and, effective January 1, 2025, Illinois employers are prohibited from discriminating on the basis of family responsibilities and reproductive health decisions.

 

Focus: Developments in the US

Activity related to non-competes continues. In August, a federal court decision halted the Federal Trade Commission's (FTC) rule banning nearly all non-competes for US workers. More recently, the FTC appealed a separate Florida district court decision enjoining enforcement of the Rule. Meanwhile, federal enforcement activity and litigation based on alleged anticompetitive employment restrictions, including non-competes, no-rehire policies, no-poach agreements, and training repayment provisions continues.

At the state level, recently enacted laws include New York’s Retail Worker Safety Act; Massachusetts salary range transparency law; captive audience bans (e.g., California, Illinois); AI laws (eg, Colorado, Illinois, California); and more.

 

Attend: Employment Law Training

During October and November 2024, you can attend our half-day employment law workshops designed to help employers understand the legal landscape in particular countries, including best practice and cultural challenges.

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