2023 has undoubtedly been a busy year in the UK employment law space. But, as we bid adieu to this year, it is time to look to what 2024 will bring. In this Christmas pun-filled article (apologies in advance), we explore some of the key anticipated legislation to be implemented next year, grouped into four key categories below.

Spoiler alert – if the government plans continue as expected, then get ready to unwrap a gift of employment law changes in the coming year as the legal landscape gears up for a merry makeover!

The Supreme Court has ruled that transgender people are protected under the Civil Rights Act, and so Joycelyn Stevenson and Sarah Belchic say employers need to ensure that their health care plans are inclusive.

The Tennessean

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Ellen Donovan McCann, Alice Kokodis and Jim Paretti explain the Massachusetts Department of Family and Medical Leave’s new, more employer-friendly guidance.

SHRM Online

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As Washington, D.C., prepares to join a growing group of state and local jurisdictions requiring pay transparency in job postings and recruiting practices, Joy Rosenquist comments on how the D.C. law is different. 

WorldatWork

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Joy Rosenquist talks about the impact of an executive order banning the use of salary history in hiring by federal agencies and contractors.

WorldatWork

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Erin Webber talks about the importance of networks, mentors and benefits for women and working moms in law firms.

Denver Business Journal

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In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against enforcement of certain provisions of the Act.  In Staffing Services Association of Illinois v. Flanagan, Case No. 23-CV-16208, these parties claimed that Sections 11, 42, and 67 of the Act were preempted by the National Labor Relations Act (NLRA), the Employee Retirement Income Security Act of 1974 (ERISA) and the due process clauses of the U.S.

Oregon’s Paid Family and Medical Leave Insurance Program (“Paid Leave Oregon”) generally provides eligible employees with up to 12 weeks of paid time off for leave that qualifies as family, medical, or safe leave. Since Paid Leave Oregon took effect on September 3, 2023, employees have been stacking Paid Leave Oregon leave benefits and Oregon Family Leave Act (OFLA) leave benefits, leaving employers frustrated with staffing shortages.

Sarah Bryan Fask says a long-awaited final rule from the Pension Benefit Guaranty Corp. describing interest rate assumption requirements for employers who pull out of multiemployer pension plans would be “very significant.”

Law360

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Mark Callaghan says the new UK government should increase Statutory Paternity Pay “in excess of inflation,” because it would benefit businesses and families alike.

People Management

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Mikayla Almeida, Kimberly Doud and Anne Sanchez LaWer explain to employers about how implementing benefits related to women’s health and fertility could reduce turnover and retain talent.

ACC Central Florida

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Anne C. Sanchez and Briana M. Swift explain what employers need to know about the San Francisco Health Care Security Ordinance (HCSO), a local ordinance that requires employers to make certain healthcare expenditures on behalf of their San Francisco-based employees.

SHRM

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Ellen Donovan McCann says post-employment benefits are often the first to be amended when businesses experience budget challenges, but employers may have to take more care in changing them if SCOTUS decides that former employees can sue over those benefits.

SHRM

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Verónica M. Torres-Torres explains new guidance on exemptions for remote workers and airline staff in Puerto Rico.

News is My Business

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Erin Webber explains how a remote environment requires more leadership responsibility, skills and choices.

The American Lawyer

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When Congress overrode President Trump’s veto of the National Defense Authorization Act on January 1, 2021, it enacted the Anti-Money Laundering Act (AMLA), which was part of the defense authorization bill.  In doing so, Congress implemented the most sweeping anti-money-laundering statute since the USA PATRIOT Act.  In addition to a number of regulatory reforms and new disclosure requirements, the AMLA has put into place new whistleblower protections, adding to the range of statutes that have effectively created anti-retaliation provisions for virtually every activity regulated by federal

Joon Hwang advises employers to review and scope the terms of their restrictive covenants and confidentiality agreements to ensure they are well defined to meet their business interests.

Pit & Quarry

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The recently enacted Anti-Money Laundering Act significantly increases the potential value of awards for whistleblowers under the Bank Secrecy Act. The challenge for a financial services employer is to establish that discipline against an employee in a compliance role is supported by evidence that the decision was based on the employee's incompetence or other inappropriate behavior, and that any whistleblowing activity he or she engaged in was not a consideration. Philip M. Berkowitz explores the issues in this edition of his Employment Issues column.

Terri Solomon talks to HR Dive about how employers can best handle mental health crises in the office.

HR Dive

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Natasha Adom discusses proposals from the FCA, PRA and Bank of England that would require financial services firms to provide more detailed monitoring and report of diversity and inclusion. 

IFA Magazine

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Steve Biddle examines the recently expanded Arizona Civil Rights Act (ACRA) as well as new ordinances passed by Arizona cities that expand protected categories and coverage.

SHRM Online

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Natasha Adom discusses measures FCA, PRA and BoE regulators are considering to improve diversity and inclusion in the financial services sector. 

Investment Week

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Devjani Mishra discusses employers coming up with COVID-19 safety rules that are appropriate for their own workplace.

Law360 Employment Authority

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Michael Lotito and Bruce Sarchet share their thoughts on SB 93, a new California law that requires some employers in the hospitality industry to prioritize recalling workers who were laid off due to COVID-19.

SHRM Online

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Michael Royal and Alyssa Peterson discuss two new laws that will bring changes for employers in Texas by expanding protections for employees who assert claims of sexual harassment under the Texas Labor Code.

SHRM Online

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Kimberly J. Dowd, Chelsea Lewis and Kameron Miller explain the meaning of “allyship” and how it can be applied in the workplace. 

ACC North Florida

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Jorge Sales Boyoli answers questions about whether mandates requiring employees to get vaccinated are legal under Mexico’s labor laws.

Entrepreneur

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Stephanie Chavez offers advice to employers who are considering hiring individuals who have a criminal record.

Law360 Employment Authority

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Libby Henninger offers tips for employers paying disabled workers lower wages.

Law360 Employment Authority

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This year has seen a number of international and regional legislative efforts imposing human rights due diligence and transparency obligations on multinational employers. 

On April 1, 2022, a Los Angeles County Superior Court ruled that California Assembly Bill 979—a bill designed to increase diversity and improve the persistently low number of underrepresented groups on corporate boards—violated the Equal Protection Clause of the California Constitution and was therefore unenforceable. In its ruling, the court acknowledged the pitfalls of homogeneity in business and communities, but it cautioned against quotas and specific number requirements.

Miguel Arberas explains that those who lie about their training and training to get a job can be dismissed even if there is no damage. 

EL PAÍS

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Donald Dowling says abusive labor practices are a huge problem around the world, and often the smaller local manufacturers, miners and growers within countries that are committing labor abuses are bigger problems than the multinational firms.

SHRM Online

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On December 29, 2022, President Biden signed a new whistleblower law that significantly increases the risk and cost of whistleblower claims for domestic and overseas financial services institutions that must be cognizant of anti-money laundering (AML) laws and regulations. This covers 26 categories of institutions, including banks, branches and agencies of foreign banks, broker-dealers, insurance companies, operators of credit card systems, mutual funds, certain casinos, and travel agencies.

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?