On 20 December 2023, the Argentine government introduced Decree 70/2023, aimed, among others, at reshaping the employment landscape.
This reform was, however,halted. Trade unions obtained injunctions against the enforcement of the labour chapter and a partial ruling by a labour court has suspended the effects of the new law.
The decision now lies with the national Supreme Court of Justice.
On 8 February 2024, the U.S. Supreme Court decided on whistleblower protections under the Sarbanes-Oxley Act of 2002.
The case clarifies the standards for proving retaliation against whistleblowers in publicly traded companies.
The Supreme Court clarified that whistleblowers are required to show that their protected activity contributed to the adverse employment action without the need to demonstrate retaliatory intent on the employer's part.
On 5 January 2024, the Government enacted the so-called Karin Law (in honour of Karin Bolaños, a worker who tragically took her own life after falling victim to workplace harassment) against workplace harassment.
The law applies to all companies, regardless of size, and includes regulations relevant to the State Administration and its multiple agencies.
It aims to set a legal framework for a safe and healthy work environment, not only punishing workplace and sexual harassment but also preventing them with education and protocols.
On 17 November 2023, the New York Governor signed Bill S4516 into law.
It amends Section 5-336 of the New York General Obligations Law with immediate effect and further restricts the use of nondisclosure agreements concerning the resolution of employment discrimination, harassment, and retaliation claims.
It applies to all agreements signed or entered into after 17 November 2023.
On 25 October 2023, the Gauteng High Court stated that Sections 25, 25A, 25B, and 25C of the Basic Conditions of Employment Act 1997 (BCEA) relating to the minimum period of maternity, parental, adoption, and commissioning parental leave are invalid.
The Court found that these provisions unfairly discriminate between mothers and fathers and between parents whose child is born of the mother, as opposed to surrogacy or adoption parents, in violation of the rights to equality and dignity of the Constitution of the Republic of South Africa.
The declaration of invalidity has to be confirmed by the Constitutional Court.
On 19 October 2023, the Court of Justice of the European Union, in Case C-660/20, stressed that only objective reasons can justify treating part-time and full-time workers differently.
The Court ruled that domestic legislation that requires part-time employees to work an extra number of hours equal to that required of full-time employees to obtain a pay supplement is contrary to EU law.
That provision is discriminatory as it unfavourably treats part-time employees, who must perform more extra hours of service than their full-time colleagues to receive the same additional remuneration.
On 19 October 2023, the U.S. Equal Employment Opportunity Commission reached an agreement with the American company Dollar General, ending litigation started in 2017 for alleged violations of genetic and disability laws (EEOC v. Dolgencorp, LLC., Case No. 2:17-cv-01649-MHH) in the United States District Court for the Northern District of Alabama.
The Commission alleged that the Company required disclosure of a family member's medical condition during the pre-employment medical examination and used selection criteria that excluded qualified applicants with disabilities.