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Employment Law Newsletter: A Monthly Report On Labor Law Issues

Our Monthly Report on Labor Law Issues, also known as the Employment Law Bulletin, is a monthly newsletter that covers a wide range of labor law issues, including affirmative action plans, strikes, OSHA regulations, minimum wage requirements, and more. Other topics covered have included issues related to the COVID-19 pandemic, such as workplace walk-outs and strikes, vaccinations, and employee rights related to positive test results and quarantine. The newsletter also covers issues related to discrimination, such as artificial intelligence and racial bias, and issues related to unions, such as organizing efforts and union successes at companies like Amazon and Starbucks. The newsletter also covers issues related to taxes, immigration, and court cases related to labor law. Stay informed and avoid legal missteps, by subscribing to email updates here.

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Issues Regarding Employee Access to Their Personnel Files

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers have varied practices regarding what materials to add to employee personnel files, but such materials generally include on-boarding documents, acknowledgments of certain policies such as handbooks, verification of participation in training, benefit elections, absentee records, and disciplinary records.  Some 19 states have laws that provide curren…
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electronic devices

Issues of Employer Access to Employees’ Personal Devices Such as Cell Phones, Etc

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Many employers have not adequately considered that business-related communications exist on personal employees’ cell phones and other devices, and to what extent they have access to such information.  It is not uncommon for employees including managers and supervisors to use their personal devices for work purposes.  It creates intellectual property issues…
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Settlement Agreement Wording Can Determine Tax Treatment

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
A settlement agreement of a discrimination case can be instrumental in determining its tax treatment.  First, any portion of the settlement agreement is tax exempt to the extent it is for a “personal physical injury” under Internal Revenue Code § 104(a)(2).  For that reason, settlement agreements should make mention of any such personal injuries, as tax exe…
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Employers Should Be Careful in the Wording of Their Cobra Notices

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers should be aware that the federal COBRA law requires employers with 20 or more employees to allow workers to temporarily continue their health coverage after they have been terminated or experienced a qualifying event.  The statute requires employers to notify workers of their COBRA rights, dictates what information must be included, and when the n…
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Federal Circuit Court Upholds Claim against DEI Training

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In June, the U.S. Supreme Court ruled that federal equal opportunity protection laws apply equally to all workers regardless of race, gender, and other protected characteristics.  Ames v. Ohio Department of Youth Services. 
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smoker

Employers Should Be Careful Charging Smokers Extra for Health Coverage

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Federal law allows employer-sponsored health plans to charge smokers a penalty, but the plan will violate the Employee Retirement Income Security Act (ERISA) if those workers are not given a reasonable alternative to avoid paying the fee.  One such alternative is participating in a smoker cessation program that complies with certain legal requirements.  D…
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The Issue of Black Worker’s Use of Anti-black Racial Slur

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An employer recently successfully defended a lawsuit where the plaintiff claimed the discrimination laws “effectively enshrine a right for any person to use any slur which applies to their own protected characteristic in the workplace.”  The plaintiff argued that the term “has cultural significance for African-Americans and is a word that has a different co…
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pinky swear

Employer Asked Applicants to Swear They Are Not Going to Leave

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers have been reading about the use of non-compete agreements and the like, and are increasingly concerned as to their use.  One interesting practice is developing among the financial industry in New York, with major financial firms asking junior bankers to confirm their loyalty on a regular basis in an effort to limit leaving to go to other talent-hu…
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hospital patient

Health Insurance Cost Increases Cause Employers to Look for Alternatives

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Wall Street Journal reports that U.S. businesses are facing the biggest health-insurance cost increases in 15 years or more.  Costs for employer coverage are expected to go up about 9.5% in 2026.  The recent average is around $25,500 for a family plan.  Employers are trying to adjust by changing plan designs, or pushing more costs to employees.  Others…
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NLRB Down to One Sitting Member

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
For just the second time in the National Labor Relations Board’s 90-year history, it is down to one sitting member after Board Chair Marvin Kaplan’s term expired recently.  The Board currently only has a single Democratic NLRB member, David Prouty, appointed by President Biden, and four empty seats. 
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Fifth Circuit Federal Court Has Upheld Injunctions against NLRB Proceedings

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On August 19, 2025, the Fifth Circuit Court of Appeals upheld preliminary injunctions against complaint proceedings before the National Labor Relations Board (NLRB).  The court held that plaintiffs will likely prevail in their arguments that protections limiting the President’s removal powers over administrative law judges (ALJs) and Board members violate t…
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