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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.

a closet of color coordinated clothes
On his second day in office, January 21, 2025, President Trump issued an executive order titled:  “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and in the process revoked Executive Order 11246 that was signed by President Lyndon Johnson in 1965, and which contains the affirmative action requirements of federal contractors.  The 1965…
immigrants collecting crops
Trump's Executive Orders presently do not affect employees who are authorized to work at the present time but may affect any workers who are determined to be illegal aliens because existing immigration laws will be enforced. Trump's Executive Orders and the Administration's expected practices may reduce the number of legal workers in the future. 
male, femal, bathroom sign
President Trump’s Executive Order issued the first day in office requires federal agencies, including the Equal Employment Opportunity Commission (EEOC), to change any documents, regulations or guidance to reflect that male and female are the only two sexes.  It particularly challenges the Biden Administration’s recent workplace harassment guidance expandin…
crane clash, wilderness
On January 27, 2025, President Trump removed National Labor Relations Board (NLRB) member Gwynne Wilcox, and General Counsel Jennifer Abruzzo.  The removal of Wilcox leaves the NLRB with fellow Democrat David Prouty and Republican Kevin Kaplan, as the remaining members of the five-member Board.  The Board no longer has a three-member quorum and thus cannot…
rocket launch, sky, night
Premiums for employees’ family health insurance increased at more than double the U.S. inflation rate to over $25,000 in 2024, according to researcher KFF.  This was an approximate 7% increase from the prior year.  The increase comes partially from the new weight-loss drugs, although currently only about one in five employers cover such drugs.  Those drugs…
man smoking, in the dark
The Employee Retirement Income Security Act (ERISA), has anti-discrimination provisions which require healthcare plans with surcharges for poor health practices to provide a reasonable alternative standard to such surcharges.
judge gavel, keyboard
In his first term as President, Trump gained confirmation for 234 federal judges, and President Biden gained confirmation of 235 judges.  Currently, some 47 federal judicial seats are vacant, and 20 more are occupied by judges who have announced plans to assume senior status, where another judge can be appointed in their place.  However, there are only two…
armored man, with sword and shield
The Fair Labor Standards Act has multiple exemptions for employers’ obligation to pay overtime for hours worked over 40.  In a Supreme Court ruling issued on January 15, 2025, the Supreme Court reversed a court of appeals ruling requiring “clear and convincing evidence” that an overtime exemption applied.  E.M.D. Sales Inc. v. Carrera, No. 23-217.  The Cour…
calendar notebook
Some were surprised when President Trump nominated Rep. Lori Chavez-DeRemar, R. Ore., as his nominee to be Secretary of Labor.  The daughter of a Teamster, she has considered herself a supporter of unions and labor rights, and one of only three Republican representatives to vote for the Pro Act.  
border fence
As this publication is going to press, on Inauguration Day, President Trump reportedly will issue some 100 executive orders on his very first day in office.  Among those are a number of immigration-related orders.  Trump officials indicate that the executive orders will be followed within days by a series of immigration enforcement raids targeting criminals…
Senate building, outside
In a major blow to organized labor, the Senate voted on November 10, 2024, against the confirmation of NLRB Chair Lauren McFerran to another term, thus keeping McFerran from continuing the Democratic majority at the National Labor Relations Board (NLRB or Board) until at least 2026.  The decisive votes were cast by two outgoing ex-Democrats, Sens. Joe Manch…