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.

NLRB Joint Employment Rule Invalidated by Texas Federal Court

July 04, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Congress passed a law in both Houses under the Congressional Review Act to reject the new National Labor Relations Board (NLRB) Joint Employer Rule, but President Biden vetoed that bill. However, on March 8, 2024, just days before the effective date of the new rule, a district court in Texas found the rule to be arbitrary and capricious, and thus invalid...

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Confusion over Employment and Campus Gaza Protests

July 04, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

While the death of George Floyd ignited one round of protest, the Gaza situation has created another such round of protest. As a general rule, it is often said that "political" protests by employees do not implicate the discrimination laws, but the situation is far from clear. For example, a current case is pending appeal before the Fifth Circuit Court ...

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Pendulum Shifting as to Whether Employers Should Take Position on Political/Social Issues

July 04, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Some polls suggest that many employees desire their employers to take public positions on political/social issues. As a result, employers in recent years have increasingly taken such positions. However, employees, customers, shareholders, and the public often take different views on such issues.

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EEOC Sues Employers for Failing to File EEO-1 Reports

July 04, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

In a new "first," the EEOC has sued more than a dozen employers for not filing required reports that include the racial and sexual makeup of their workforce. So far, the EEOC has brought at least 15 lawsuits in a number of federal courts alleging that the defendant employers failed to file the mandatory EEO-1 reports in 2021 and 2022. Private sector emp...

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UAW Union Loses Momentum by Losing Secret Ballot Election at Mercedes Alabama Plants

July 04, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The United Auto Workers (UAW) was once arguably the most powerful union in the U.S. Each of the "Big Three" U.S. car manufacturers were UAW. Subsequent developments changed that picture. First, unionized auto manufacturers began subcontracting more of their operations to non-union facilities. Second, foreign auto manufacturers began to build plants in the...

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Effect on DEI Programs of Muldrow Decision

June 13, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The Muldrow decision will likely result in more charges of discrimination being filed, and such concepts can impact DEI programs. For example, DEI mentoring programs or employer-sponsored affinity groups only offered to employees based on certain protected traits, and excluding others, are technically now open to attack under the Muldrow concept. A plai...

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Employers Face Coming Deadlines on Raising Salary Levels for Overtime Exemption

June 13, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The U.S. Department of Labor (DOL) announced a final rule to take effect on July 1, 2024, raising the salary levels necessary for the so-called "white collar" overtime exemptions. The exemption pertains to "executive, administrative, and professional" employees, and uses a three-part test that requires an employee to be salaried, make more than a certain...

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FTC Non-Compete Rule Has an Uncertain Future Concerning Its September 4 Effective Date

June 13, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Many lawsuits have been filed against the Federal Trade Commission (FTC) non-compete rule which is effective 120 days following its May 7, 2024 publication in the Federal Register that will likely delay its effective date pending a final ruling on its legality. It is important to know the important particulars of the rule, so employers can properly plan ...

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Supreme Court Lowers Harm Necessary for Employee to Sustain Discrimination Claim

June 13, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The U.S. Supreme Court has made it easier for employees to show some harm that is based on discrimination to constitute a legal claim. Muldrow v. City of St. Louis, No. 22-193 (4/17/24). The case involved a lawsuit by a female police sergeant who claimed she was unlawfully transferred from the intelligence division to a less prestigious patrol position ...

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EEO Data Reporting Due in June

June 13, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Beginning April 30, 2024, contractors with at least 50 employees, and most private employers with 100 or more employees, are required to file their 2023 EEO-1 Component 1 reports, which comprise workforce demographic data, separated by job category, sex, and race or ethnicity. The reporting structure has undergone minor changes and the EEOC has published...

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Controversial New EEOC Harassment Guidance in Effect

June 13, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final Guidance on harassment in the workplace: "Enforcement Guidance on Harassment in the Workplace." The EEOC says its new Guidance updates, consolidates and replaces the Agency's five Guidance documents issued between 1987 and 1999, and serves as a single, unified agency r...

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