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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.

skyscraper, sky with clouds
This article can more properly be described as an editorial, but the writer honestly believes the accuracy of the above statement.  The extent of unionization in the private sector has declined from approximately 35% at the end of World War II, to the 6% range that exists today.  Unions contend that it is impossible for them to gain representation under t...
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In 2016, the Department of Justice (DOJ) shifted its policy to criminally prosecute employers and executives that enter into wage-fixing or no-poach agreements with other employers.  President Biden issued an Executive Order in 2021 that encouraged the DOJ and the Federal Trade Commission (FTC) to broaden enforcement against "wage collusion" and other unl...
looking out plan window at horizon, sunset
An extremely interesting issue has arisen over whether employers can be charged with discrimination by providing abortion travel benefits.  One of the EEOC commissioners has instituted a rarely used Agency procedure to initiate discrimination investigations involving at least three companies over their providing abortion travel benefits to employees.  The...
circulat light structure, brick
President Biden, the most pro-union President in history, continues his agenda at the National Labor Relations Board (NLRB), both in NLRB decisions, proposed decisions, and proposed new regulations.  
midterm voting entrance, outdoors
Most predictions were for Republicans to gain over 20 seats in the U.S. House of Representatives, and polls just prior to the elections suggested that they could even regain the Senate.  The polls got it wrong again, and this time the actual result favored the Democrats.  Democrats have won 50 seats in the Senate, and thus can control the outcome there wi...
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Employers are required to post many types of notices in the workplace, some required by federal law, and some by the various state laws.  Notices are generally required to be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted.  The EEOC offers ready-to-print posters and it is important to use...
Laboratory technician monitoring environment in lab
The Centers for Disease Control (CDC) has modified its guidance on preventing transmission of COVID-19.  The main thrust of the guidance is to shift the emphasis to individuals.  However, the CDC still recommends that organizations improve building ventilation, and include using HEPA filters, opening windows to bring in outdoor air and turning on fans to ...
Man typing on a laptop indoors by a window
In January 2021, the Department of Labor (DOL) during the Trump Administration published a rule titled "Independent Contractor Status Under the Fair Labor Standards Act" (IC Rule) providing guidance on the classification of independent contractors in any industry.  In 2021, the IC Rule identified five economic reality factors to guide the inquiry.  Two of...
starbucks coffee storefront, night
As set forth in this newsletter recently, Starbucks has been the subject of a corporate campaign by unions to organize Starbucks employees and in the process claim the employer is a law violator and bad employer.  In late August, Starbucks took an incredibly bold move publicly accusing the National Labor Relations Board (NLRB) of secretly colluding with t...
person wearing a dreamer jacket
The Deferred Action for Childhood Arrival Programs (DACA), begun in 2012, offers the ability to work legally to some 600,000 undocumented persons who came to the U.S. as children.  The Obama-era rule has been under legal attack and a court in Texas ruled the program was illegal and barred the federal government from accepting new applicants, although it p...
shirts folded and laid out across table, indoors
The National Labor Relations Board (NLRB) with its new Democrat majority, issued a major ruling on August 29, 2022, expanding employee rights to wear pro-union shirts and the like at work.  "Wearing union insignia, whether a button or a t-shirt, is a critical form of protected communication," NLRB Chairman McFerran said in a statement.  "For many decades,...

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