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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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TPS Update (As of 6/17/2025)

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Trump Administration has acted to terminate TPS status for several countries. Of course, litigation has followed each notice of termination.  However, if the Trump Administration continues to follow the law, these terminations will be upheld because the Secretary of Homeland Security has vast discretion to terminate TPS status and courts do not have aut…
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President Trump Discourages Criminal Enforcement of Agency Rules

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
President Trump had told federal agencies to consider civil rather than criminal enforcement of their regulations, in an executive order dated May 9, 2025.  The executive order also instructed agencies to avoid imposing a “strict liability” standard to their rules, noting that the Code of Federal Regulations “is far more than any citizen can possibly read…
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Supreme Court Suggests Trump Can Fire Agency Heads without Cause

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
President Trump has attempted to extend his authority over federal agencies that previously operated somewhat outside of direct White House control.  The ability to remove agency heads is consistent with his executive order to take control of independent agencies.  Examples include firing members of the National Labor Relations Board (NLRB), the Equal Emplo…
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How to Tell If a Person Is Lying

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers have to make a lot of decisions in the workplace, including the famous “he said-she said” issue involving the investigation of sex harassment cases.  Even common rule violations situations require employers to interview witnesses, and in some cases making credibility determinations as to which witnesses are telling the truth.  
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Federal Court Judges Invalidate EEOC Guidance on Transgender Workers and Pregnancy

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Newly appointed EEOC Chairperson Lucas dissented from portions of the Biden Administration’s earlier EEOC Harassment Guidance requiring protections for transgender workers, and also portions of the Pregnant Workers Fairness Act (PWFA) that require companies to reasonably accommodate employees who choose to have an abortion.  Although the EEOC currently lack…
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A Court Rules That a Majority Group Has Same Rights to Sue as Minority Groups

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The normal issue in a disparate treatment discrimination case is whether “the defendant intentionally discriminated against the plaintiff.”  Usually, the plaintiff in these cases is some type of “minority,” but many courts began to apply the concept that when members of a majority group sue, they must show “background circumstances to support the suspicion…
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Heat Safety Rule Appears to Be Moving Forward

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. Occupational Safety and Health Administration (OSHA) announced that it is moving forward on a public hearing over the Biden-Era heat rule.  Some wish that the heat rule proposed during the Biden Administration would simply go away, but others feel that moving forward on the proposed heat rule would be better than leaving it in the hands of another…
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Federal Government to Drop Disparate Impact Basis for Discrimination Claims

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In an extremely important development, on April 23, 2025, President Trump issued an executive order declaring:  “It is the policy of the United States to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible.”  This theory of liability sprung from a 1971 ruling of the U.S. Supreme Court in Griggs v. Duke Power Co. ru…
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E-Verify+

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
E-Verify+ is a new tool that streamlines the employment eligibility verification process for employers and new hires. 
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How the DOJ and EEOC Guidance Affects DEI Programs

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Guidance from the United States Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued on March 19, 2025, have some suggestions as to how those agencies view the most common DEI programs.  This review summarizes the Guidance and the implications that come from the Guidance as well as the President's executive orders as to…
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Survey Shows Top Employer Concerns Are DEI and Immigration Changes

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a recent survey, 55% of responding employers ranked the scrutiny of Diversity, Equity and Inclusion (DEI) programs as a top issue, while 75% found the immigration policy changes to be on the list.  Over half of the respondents indicated they were considering further changes in their DEI programs in response to Trump’s executive orders.  The main concerns…
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