If the US Federal Trade Commission’s final rule on noncompetes comes into effect (despite ongoing legal challenges), it will impose a nationwide, nearly complete ban on worker noncompete agreements. This ties in with a broader trend which sees global antitrust regulators closely monitoring HR practices. Specifically, antitrust regulators are now looking beyond competition among companies offering similar products and services, to the competition between employers as they vie to attract and retain employees.

The Labor Department (MTE) has disclosed in its website some clarifications for Frequently Asked Questions (FAQ) about the New Equal Pay Law.
The publication of the FAQ, which was very anticipated by employers, covers questions ranging from the purpose of the creation of the Law to more specific aspects of the publication of the Salary and Remuneration Transparency Report.

With the recent updates from the Labor Department re. the Pay Transparency Report (for companies with 100 or more employees), our Employment and Compensation Group has produced an infographic with the main points of attention related to the topic.

Inclusion and diversity are key factors today. As gender, racial, and ethnicity pay gaps have been slow to narrow, governments in Latin America have introduced more requirements to further reduce these differences.
In this quick overview, the Employment & Compensation group presents recent trends in pay equity in Latin America, highlighting critical issues to consider for your day-to-day decision-making.

As the constant changes in the region can affect companies’ operations, for effective decision making, it is vital to have updated information about the employment landscape in each of the jurisdictions.
In this quick overview, the Employment & Compensation group presents the main recent regulatory developments in Latin America, highlighting critical issues to consider.

It has become clear that flexibility is currency in the new working world and legal frameworks are evolving to catch up with the changing working culture. Four-day work-weeks, flexible working arrangements and the right to disconnect are all on offer to employees, giving the opportunity for better work-life balance, and giving employers a competitive edge in talent retention.

On 3 July 2023, the Brazilian president sanctioned Law n. 14,611/2023, which aims to ensure equal payment for women and men who perform the same activities. The new regulation also creates greater sanctions for employers.

Artificial intelligence (AI) continues to transform the workplace. Much like in countries across the globe, the benefits of new AI technology are gaining traction in Latin America. However, employers should be aware of its risks, particularly in our regions’ context

Under Normative Rule 2,139, labor lawsuits will only need to be reported in the eSocial system starting July 2023. It may be understood that companies will not be required to include all ongoing labor lawsuits but only lawsuits with decisions no longer subject to appeal issued after the new July 2023 deadline, as well as those with impacts on employment obligations or tax, severance fund or social security payments.

Following the ruling issued on 8 June 2022, which determined that collective terminations require union involvement, Brazil’s Supreme Court has published on 25 April 2023 a new decision clarifying that such requirement applies to collective terminations implemented after 14 June 2022. The Supreme Court decision states that “prior union intervention is an essential procedural requirement for the collective termination of workers, which is not to be confused with prior authorization by the union or the signing of a collective agreement”.