Italy’s legislature has not yet moved on the ruling by the court of Justice of the European Union from 14 May 2019 (c.f. article No. 11127) that demands the EU Member States to require employers to implement objective, reliable, and accessible systems measuring employees’ daily working time. Although Italian regulations do intend for a workers’ attendance sheet, it does leave a lot of leeway for flexible working and in particular with the formalization of ‘smart working’ in 2017. As such this CJEU ruling from May 2019 creates a degree of uncertainty that could impact agile working.