Developments in International Employment Law

This article provides an overview of key employment law developments in the U.S., China and Europe. The U.S. Department of Labor recently issued its proposed wage overtime regulations to replace the current regulations, which have remained unchanged since 2004. The DOL also proposed regular increases to the minimum annual salary threshold every four years, which will be determined after additional public notice-and-comment periods for each subsequent increase. The proposed regulation may have a significant impact on employers, as it is purported to make more than one million additional U.S. workers eligible for overtime.

In February 2019, in response to the #MeToo Movement, the Chinese government issued a notice on standardizing the recruitment process and promoting the employment of women. Pursuant to this notice, gender discrimination is now absolutely prohibited during the recruitment process. Employers who have already published a recruitment notice including any discriminatory language may be faced with punishment including penalties ranging from $1,490 to $7,450, and may also be added to the credit blacklist.

Belgium has transposed the EU “Single Permit” Directive under which foreign employees will only be required to obtain a single authorization to work and reside in a member state. Collective bargaining agreements in Spain can now include clauses allowing for termination of an employment contract once the worker has reached the legal retirement age established in Social Security regulations.