Warsaw, Poland

Delayed protection: Challenges of whistleblowing in Europe

By Jeremiasz Kuśmierz, Penteris

Most EU states have still not implemented the so-called “Whistleblowing Directive” and Poland is no exception. Although the government published the working draft of the implementation law prior to the transposition deadline in October 2021, legislative efforts have been caught up in a prolonged public consultation process driven by the conflicting positions of employers and trade unions.

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Charleston, South Carolina, USA

Biden signs law ending mandatory arbitration of sexual harassment cases

By Perry MacLennan, Haynsworth Sinkler Boyd, P.A.

President Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The law prohibits employers from including mandatory arbitration clauses in employee handbooks, offer letters, and contracts that would apply to claims of sexual harassment or assault.

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Prevalent practices for labour dispute resolution in Vietnam

By David Truong Lang, Viettonkin Consulting

Amid the pandemic, individual labour disputes in Vietnam are increasing while unionised or collective labour disputes are depleting in number. After Lunar New Year 2022, there has been a total of 28 disputes recorded nationwide – a 20% yearon- year decrease. The primary cause of the disputes in Vietnam is salary withholding. By January 2022, there were 19 enterprises in 11 provinces and cities accountable for about USD 2 million in salary debt from nearly 2,000 employees.

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Mississauga, Canada

NImproper use of pronouns in the workplace: Employers could be held liable

By Maria Tassou, Pallett Valo LLP

In EN v Gallagher’s Bar and Lounge, 2021 HRTO 240 (CanLII), the Human Rights Tribunal of Ontario (the “Tribunal”) found that an employer discriminated against three employees because of their gender identity, gender expression, and sex by subjecting them to transphobic slurs and by misgendering them by refusing to use their proper pronouns.

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Industry in front of the alps

At a glance: The reform of Swiss company law

By Stefan Getzmann, Treuhand- und Revisionsgesellschaft Mattig-Suter & Partner

On 19 June 2020, the Swiss Parliament approved the reform of Swiss company law. The reform will come into force on 01 January 2023. The following article gives an overview of the most important changes.

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we are hiring

The Great Resignation: Employer Challenges and Opportunities

By Gail Golman Holtzman, Taylor English Duma LLP

Have you recently traveled, only to find that your flight was delayed or canceled because of a pilot or other crew shortage? Have you gone to a restaurant and been told you could not be seated despite empty tables because of staff unavailability? If the answer is yes, you are experiencing the impact of the post-Pandemic phenomenon, the “Great Resignation,” also called the “Great Reshuffe,” that has resulted in employees leaving their jobs and the workplace in record numbers.

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Covid 19 test set

DOL issues new guidance for health plans to pay for COVID-19 test kits

By Katie Tranter, DBL Law

The US Department of Labor (DOL) issued a new set of frequently asked questions to implement President Biden’s order that, starting 15 January, health plans and insurance issuers must cover or reimburse costs for over-the-counter (OTC) COVID-19 tests without imposing any cost-sharing requirements, prior authorisation, or other medical management requirements. Employees and dependents covered by an employer-sponsored health plan may purchase tests online or in bricks-and-mortar retail locations.

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Five tips for building an inclusive workplace

By Sarah M. Saint, Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, and Cile Johnson, Talent Dimensions

US employment law is rapidly developing in the areas of LGBTQ+, religious, and disability nondiscrimination and accommodation requirements as an increasing number of US companies embrace diversity, equity, and inclusion (DEI) ideals. How can organisations show their commitment to DEI efforts through compliance with anti-discrimination laws? How can organisations go “above and beyond”? Can DEI go too far and swing into legal hot water?

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Software development

Our New Digital World

By Jeremiasz Kuśmierz, Penteris

Two pieces of EU legislation are currently under construction. Their implementation will forever change the face of our digital world. Once the two acts in question – the Digital Markets Act (“DMA”) and Digital Services Act (“DSA”) – are approved they will come into force 20 days after being published, however due to their ground-breaking impact on our digital world, their applicability will be postponed by 6 and 15 months, respectively. Like all other EU regulations, the two acts will be directly applicable in all EU member states.

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Wilmington, USA

EEOC’s new guidance regarding sexual orientation and gender identity workplace discrimination

By Patricia Goodson, Beth Langley and Sarah Saint, Brooks, Pierce, McLendon, Humphrey & Leonard, LLP

In Bostock v Clayton County, the US Supreme Court held that terminating an employee on the basis of sexual orientation or gender identity violated the sex discrimination prohibition found in Title VII of the Civil Rights Act of 1964 (Title VII). The US Equal Employment Opportunity Commission (EEOC) and federal courts have interpreted Bostock to mean that other acts prohibited by Title VII are unlawful when done on the basis of sexual orientation or gender identity.

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