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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.

stamp, desk table

EEOC Brings Discrimination Claim on Behalf of White Male 

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a first for at least the last decade or so, the EEOC has brought a discrimination claim alleging the New York Times promotion practices discriminated against a white male.
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letter

Use of Cease-And-Desist Letters 

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Suppose a former employee following termination makes threatening, harassing, defamatory or otherwise inappropriate statements or violates policies on non-competition or confidentiality.  What can the former employer do to stop or limit such occurrences?
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changing leaf

Third Gop Member Joins NLRB, Indicating Case Law Changes Ahead 

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On August 17, James Macy became the third GOP-appointed member of the National Labor Relations Board (NLRB), giving the NLRB three members necessary to overturn existing precedents.  One may wonder whether the first task at hand will emphasize easing the case backlog or reversing Biden-era NLRB policies.
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glasses, beach, horizon

DOL Provides More Clarity on Employee Wellness Programs

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On August 26, 2026, the U.S. Department of Labor (DOL) addressed employee wellness programs that permit fees on workers’ health premiums for things like tobacco use.  The Guidance was in response to legal issues raised by dozens of recent class actions targeting employers’ fees on workers’ health plans, as part of wellness programs. 
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infant, child, mother

Cases Now Being Brought Under the Pump Act Protecting Breast-feeding Workers 

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Federal judges have now ruled in over a dozen cases involving the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act, commonly known as the Pump Act.  In about half the cases, the workers have been at least partially successful.  Many of the claims are surviving early employer efforts to throw them out of court, more so than other cases.  Th…
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tipping over pawn

ICE Increases Liability for I-9 Electronic Programs 

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
As a new enforcement approach, ICE has done away with an I-9 enforcement practice giving employers a period of time to correct minor or technical document errors before being fined.  This period is now gone for errors like missing employee birthdays or hire dates, and penalties for each such missing employee data range from $288 to $2,861 for each form. 
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blue and red zippers

Should Employers Continue to Collect Racial/Sexual Data for the EEO-1 Report Likely to Be Discontinued?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On July 23, 2026, the Equal Employment Opportunity Commission (EEOC) published a proposed rule to discontinue EEO-1 reports.  These requirements have applied to employers with 100 or more employees and require the collection and reporting of various types of racial, ethnic and sex data.  Should the requirement be discontinued, employers may wonder whether t…
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doctor

Some Employers Dropping Group Health Insurance

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Health plan expenses forecast by Mercer reached $18,500 per employee this year, a 6.7% increase over 2025. Such increased costs are causing some employers to consider other options, such as Health Reimbursement Arrangements (HRA).  Under this model, employers provide a stipend to purchase health insurance on the Affordable Care Act Marketplace or another ex…
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scales of justic and gavel

House Passes Law to Require Arbitration If Employer Will Not Agree to Initial Union Contract

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On June 9, 2026, the U.S. House of Representatives passed the Faster Labor Contracts Act (FLCA), a concept long supported by organized labor.  The FLCA would amend the National Labor Relations Act (NLRA) for the first time in over 50 years and require mandatory arbitration to settle an initial agreement in bargaining for a newly formed union.  The employer…
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gavel, court room table

New DOJ Guidance Finds EEOC’s Previous Unintentional Bias Guidance Unconstitutional

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a Department of Justice (DOJ) Memo issued on June 9, 2026, the DOJ has re-evaluated the Equal Employment Opportunity Commission’s (EEOC) enforcement guidelines under Title VII of the 1964 Civil Rights Act, as they pertain to the disparate impact theory of discrimination.  This theory basically states that neutral employment policies applied to all employ…
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woman symbol lineup

The Supreme Court Allows States to Reserve Womens’ Teams to Biological Females

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. Supreme Court has upheld the laws of two states reserving female teams for biological females, finding such laws do not violate either the Equal Protection Clause or Title IX of the civil rights law.  The Court reasons that the policy is not a transgender classification, but instead is the same biological rule applied to everyone.  That is, a male…
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