Littler | The Global Guide Quarterly

Littler published their Q2 Global Guide newsletter on July 24. Select US and European highlights are below. You can read the full guide here.

Austria

New Teleworking Law

New Legislation Enacted

Authors: Patricia Dasch, Associate, and Armin Popp, Attorney-at-Law – Littler Austria

During the COVID-19 pandemic the conditions for home offices were regulated by law for the first time. Austria’s Parliament has now passed the Teleworking Act intended to improve conditions for working from home, which will go into effect on January 1, 2025. The main focus of the Act is to enable teleworking outside home from any location. In addition, the Act requires a written teleworking agreement between the employer and the employee to set the home office conditions including possible home office locations.

Hungary

New Requirement for the Employment of Third Country Citizens

New Legislation Enacted

Author: Zoltán Csernus, Attorney-at-Law – VJT & Partners Law Firm

An amendment to the Labor Code requires employers to ask for the opinion of the works council 15 days before the employer decides on the employment of third country citizens if the number of such new employees reaches 5% of the employees’ headcount and when every new 5% increase is reached. However, the works council has no veto rights, and if the employer fails to ask the works council on its opinion, it will not render the employment of third country citizens invalid. The works council can only ask the court to establish the fact that the employer breached its legal obligation.

Poland

New Law on the Protection of Whistleblowers

New Legislation Enacted

Authors: Miłosz Awedyk, Partner, and Michał Fijak, Associate – PCS | Littler

On June 19, 2024, the President signed the Law on the Protection of Whistleblowers. The long-awaited law introduced a legal framework for reporting certain irregularities within organizations. Employment matters are not covered by whistleblowing regulations although employers may decide to also include those issues within the scope of their procedures. Generally, the new law protects individuals who report violations. The protection of whistleblowers is primarily to prohibit retaliation and the law places the burden on the employer to prove that any action taken against a whistleblower is not an attempt at retaliation. For the most part, the law will come into force on September 25, 2024.

United States

The Littler Annual Employer Survey 2024

Trend

Authors: Michael J. Lotito, Shareholder, and James M. Witz, Shareholder – Littler

As employers face change and uncertainty on several fronts, Littler’s 12th Annual Employer Survey provides a window into how employer expectations and workplace policies are evolving. The survey was completed by more than 400 in-house lawyers, business executives and human resources professionals—36% of whom hold C-suite positions—based across the U.S. and representing a range of company sizes and industries. This year’s survey finds employers anticipating more regulatory enforcement, but a slower pace of legislation as lawmakers prepare for a divisive election. Laws governing AI use in HR functions are the major exception, with approximately half of employers expecting to see legislative developments this year as both state and federal lawmakers look to impose guardrails on the nascent technology. At the same time, employers are still recalibrating workplace policies around hybrid work, disability accommodations, pay equity, diversity and inclusion, and more following pandemic-era upheaval and lasting cultural shifts. View the Littler Annual Employer Survey, 2024 Report on Littler.com.

Compliments of Littler Mendelson P.C. – a member of the EACCNY