Endorsing Exploitation? The Legal and Moral Blindspot in the Long-Hours Hustle

Recently, the Wall Street Journal (WSJ) published an extraordinary article that seems to endorse the exploitation of the mental health of workers. (Although the article is paywalled, it is getting a run in some local Australian newspapers) The article reports that companies like Shopify, Solace Health, and Rilla are bluntly marketing roles that involve extreme hours, a relentless pace, and minimal downtime.

One job post literally reads: “Please don’t join unless you’re eager to work 70 hours a week.”

If the job ads for these prominent North American companies were posted in Australia, the unsafe working conditions would likely be deemed illegal.

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Psych Health and Safety Conference 2025: A Step Forward

The 2025 Psych Health and Safety (PHS) Conference, held in Sydney and hosted by FlourishDx, marked a significant evolution from its inaugural event. With over 200 delegates, a larger venue, enhanced facilities, and a more polished exhibition space, the conference built on its foundational success. Centred around four key themes—evidence-based practice, leading mentally healthy workplaces, inclusive work design, and international perspectives—the event delivered a robust platform for professionals from occupational health and safety (OHS) and human resources (HR) to converge on the critical topic of psychosocial health and safety.

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OHS opportunity for progress sidestepped

The Australian Human Resource Institute (AHRI) has produced a useful analysis on hybrid and flexible work practices. However, as with most of the media coverage and commentary on workplace flexibility and working from home, the discussion of the psychological health benefits and risks is rudimentary and seems to ignore renewed employer duties under the occupational health and safety (OHS) laws.

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Latest OHS News from Maddocks

Last week, Maddocks law firm conducted an end-of-year summary of its workplace relations issues and a forecast for 2025. Occupational health and safety (OHS) are almost inseparable from industrial relations (IR), so the overlaps between the four or five topics discussed were enlightening and provided a good contrast to the information from other law sources.

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Publicity about the right to disconnect was “overblown”

Recently, the “right to disconnect” gained some prominence in Australia. This right, now legislated, allows employees and workers to choose not to respond to employer communications outside of contracted working hours. This was part of recognising that time away from work allows one to focus on non-work matters like family, socialising, mental relaxation, and more.

According to much mainstream media and the statements and lobbying of various business associations, the sky would fall (a phrase that appears with any proposed change that business groups do not like). A significant change has not happened, and the sky has not fallen. At a recent labour law conference, Fair Work Commission President Adam Hatcher described the publicity as overblown.

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Kevin’s “Law of Common Sense” and the Right To Disconnect

This week, the “Right-to-Disconnect” became law in Australia. According to a prominent business newspaper, the Australian Financial Review (AFR), this is the latest example of the risk of the sky falling. It is not. Instead, the right-to-disconnect is a rebalancing of the exploitation of workers’ psychological health and that of their families. But you wouldn’t know this from the mainstream media coverage. There is no mention of mental health in the printed AFR article.

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Male Loneliness and Work

Recent Australian research into male loneliness revealed some interesting work-related factors that employers may want to consider as part of their wellbeing and psychosocial change programs.

The research includes that among some social factors, like the persistent belief by men of having a breadwinner role:

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