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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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New Salary Rule Passes Its First Test, but Litigation Still Progresses

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Fair Labor Standards Act (FLSA) includes provisions known as the white-collar exemption, which carves out certain "executive, administrative, professional and outside sales" employees from overtime pay requirements.  It grants the Secretary of Labor the authority to "define and to limit" the exemption.  For years, the rules required employers to compl...
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Employers Beware - Overlooked Issues Dealing with Maternity Leave and Military Leave

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Many employers believe they know the ins and outs of handling maternity leave and military leave, but some issues are now rising that bear further review.  Let's take the maternity leave issue first.  Parental Lease Issues Employees subject to the Family and Medical Leave Act (FMLA) are provided leave rights for both maternity and also for parental leav...
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The Economist, the Oldest Magazine in Continual Publication, Publishes America Becoming Less "Woke"

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Supposedly the oldest magazine in continual publication, The Economist, published in London, has devoted its September 21-27, 2024, edition to America becoming less "woke."  The magazine notes that the greatest decline in woke thinking has been among young people and those on the Left, apparently because it has become associated with the most strident act...
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Pro-Union Policies Are Hurting America

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Many politicians are running on pro-union platforms and often say unions are good for our economy.  But look at what is going on right now, with strikes in process at Boeing and recently the Eastern and Gulf Coast dock workers.  Looking at the dock workers first, the union rejected a 50% wage increase offer over six years, along with major improvements in...
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On-line Job Applications Can Create Issues of Lack of Agreement to Onerous Terms

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
A recent development is the shift of employers to the use of online job applications.  Another relatively recent development is the use of job applications with provisions intended to preserve an increasing list of management rights.  Recent case law suggests limitations on the binding nature of onerous terms on applications that limit otherwise applicabl...
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Politics in the Workplace in This Election Season

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers are being increasingly concerned about how the polarization in the political environment affects their workplaces.  While in the past, many employers chose, with employee support, to take public stands on political/social issues, but today the trend is to stay away from such issues except those directly affecting the operation of the business.  ...
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Update on EEO-1 Reports and I-9 Forms

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers with 100 or more employees and federal contractors employing 50 or more employees are generally required to file Component 1 data reports annually with the Equal Employment Opportunity Commission (EEOC) called the EEO-1 Report.  This form reports on the racial, ethnic and gender composition of workforces across certain job categories.  Because o...
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Biden-Harris Administration Attempts to Grant Work Authorization to More Illegal Aliens

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
DHS has announced a new parole in place ("PIP") program that would allow as many as 1,300,000 aliens who have been unlawfully present in the United States for ten or more years to receive a grant of "parole"-without leaving the United States and attempting to come back and apply for admission at a port of entry-if the alien is the spouse or stepchild of a...
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Federal Courts Have Now Blocked NLRB Proceedings as Unconstitutional

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a case in Texas brought by SpaceX, a federal judge on July 10, 2024, explained his order blocking a case against SpaceX from proceeding before the NLRB. 
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Labor Board Giving up on New Joint Employer Rule

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The National Labor Relations Board (NLRB or Board) decided to withdraw its appeal in a court decision vacating the 2023 Biden joint-employer standard final rule.  NLRB v. U.S. Chamber of Commerce, 5th Cir., Motion of Voluntary Dismissal filed 7/19/24.  The Board in its motion said it believes the rule is lawful but wants "to consider options for addressin...
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Most Employers Continue Non-Competes Despite Current Legal Attacks

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Federal Trade Commission (FTC) rule scheduled to go into effect on September 4, 2024, banning the most common forms of non-compete agreements, was invalidated by a federal district court ruling on August 21, 2024.  Ryan, LLC v. Federal Trade Commission, No. 24-cv-00986, U.S. District Court for the Northern District of Texas.
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