Compliance Monitor
Highlights of the Evolving Regulatory Landscape
Q3 2020
In this issue of the Compliance Monitor, we look at some of the top regulatory developments, compiled from third-party sources around the world and supplemented with commentary from an AGS perspective. While organizations and policy-makers focused on the impact of COVID-19, long-standing compliance issues continued to evolve for companies and the workers they engage.
Look for quick perspectives regarding all facets of business and talent, including new issues related to the pandemic, as well as regional commentary on IR35 in the UK, worker classification in California, and several gig economy developments.
This update provides a small taste of the vast, changing regulatory environment that we monitor every day. If you have questions or would like to discuss these topics further, please reach out to your AGS Program Team or email info@allegisglobalsolutions.com.
COVID-19
Coronavirus Considerations for Employers
AGS has developed a detailed COVID-19 Resource Center to help clients and businesses around the globe keep abreast of rapidly evolving developments related to workforce and workplace policies. Meanwhile, we explore a few examples of longer-term compliance issues that companies should monitor.
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North America
Canada: Don’t Depend on Arbitration Rules in Misclassification Suits
A recent ruling by the Supreme Court of Canada validated a contractor’s complaint about the rate of pay for his freelancer relationship with Uber.
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US: Employers Continue to Track the AB 5 Independent Contractor Law
California’s AB 5 law on worker classification went into effect in January, but the regulation continues to come under scrutiny from companies, representatives of freelancers and contractors, and lawmakers.
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US: Amid Setbacks, Supreme Court Takes a Step Forward on LGBTQ Worker Rights
In June, the US Supreme Court ruled that the protections against discrimination afforded by the 1964 Civil Rights Act also apply to lesbian, gay, bisexual, transgender, and queer (LGBTQ) employees.
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US: Visas Suspended Through 2020
Recently, the White House issued an executive order suspending temporary work visas through the end of 2020.
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US: White Castle Case Highlights Balance Between Biometric Technology and Privacy
An Illinois court ruled that a former employee’s suit against the White Castle restaurant chain, alleging violations of the 2008 Illinois Biometric Information Privacy Act, could proceed.
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EMEA
UK: IR35 Implementation Moved to April 2021
The IR35 tax regulation has been the subject of scrutiny among lawmakers and businesses for more than a year. While it has been postponed, companies should prepare now for the new April 2021 implementation date.
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France: Government Considers New Protections for Gig Economy Workers
Gig workers in France may receive expanded protection, due in part to their increased visibility during the COVID-19 pandemic.
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Netherlands: More Stringent Quality Controls for Staffing Agencies Being Explored
In early June, the Dutch government approved a motion to explore tougher quality standards for staffing agencies in the country.
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EU: European Court of Justice Decision Invalidates Privacy Shield
The European Court of Justice released a major privacy decision invalidating an agreement between the EU and US companies doing business in the region on data sharing.
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APAC
Singapore: New Licensing Requirements for Employment Agencies Will Promote Fair Hiring
Singapore’s Ministry of Manpower announced that it would be enforcing new rules on licensing conditions for employment agencies to ensure fair hiring practices.
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Australia: Court Finds Casual Worker Entitled to Paid Leave
A court found that a casual worker engaged by the Australian staffing firm WorkPac is entitled to paid leave.
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India: The US H1-B Visa Ban Influences the Workforce, but Skills Remain in Demand
While the US’ recent ban on H1-B visas through 2020 will impact workforce demand, some claim that demand for skills will likely outweigh visa restrictions, particularly as they relate to onsite work requirements.
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This update contains general information only, and AGS is not rendering legal advice. Before making any decision or taking any action that may affect your business, you should consult qualified legal counsel.
AGS shall not be responsible for any loss whatsoever sustained by any person or company who relies on this update.