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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.

stopwatch

Is an Employer Required to Classify Employees as Exempt?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In FLSA Opinion Letter 2026-1, the Department of Labor (DOL) addressed whether an employer may reclassify an exempt worker from salaried exempt to hourly non-exempt, even though this employee met the elements to be exempt, and the employee’s duties did not change much.  The DOL concluded that employers are not required to classify employees as exempt, even…
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gavel, courtroom

Can Hostile Environment Plaintiffs Bolster Their Case by Evidence of Hostile Environment Against Other Minorities?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a recent ruling by the Eleventh Circuit Court of Appeals in Atlanta, the court stated that hostile remarks about other minorities could bolster plaintiff’s claim because he was part of the “out-group.”  Thus, in hostile environment claims related to the race of the plaintiff, in this case offensive comments regarding people of other races helped prove th…
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paper books

What to Make of EEOC Rescission of Its Harassment Guidance

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-1 to rescind its Enforcement Guidance on Harassment in the Workplace.  The EEOC had issued its harassment guidance back in 2024, although a federal court vacated portions of the guidance in 2025 related to sexual orientation and gender identity, finding that the EEOC had exceede…
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Asking Team Members What Slows You Down or Makes It Harder to Do Your Job

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Reports indicate that the new Chief Executive Officer of Walmart, John Furner, in his first company-wide memo since taking over, said he had a “simple ask:  Tell me one thing that slows you down or makes it harder to do your job.”  The new Chief Executive said he will spend his first few weeks visiting facilities and talking directly with workers to underst…
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Is an Oral Settlement of an Employment Dispute Binding?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
When employers attempt to settle disputes involving employment, the circumstances vary greatly as to the formality.  Most employers will not settle an employment claim with significant potential liability, without a formal, written settlement agreement containing certain legally required as well as widely recognized waivers.  For example, specific requireme…
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Must Discretionary Bonuses Be Included in Overtime Calculations?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In Opinion Letter FLSA 2026-2, the DOL addressed whether an employer was properly excluding performance-based incentive bonuses paid to non-exempt employees from overtime calculations.  It concluded that non-discretionary bonuses that include some subjective elements must be factored into the regular rate of pay for overtime calculations.  
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tired worker

Pros and Cons of Additional Overtime

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Economist magazine takes a look at the subject of how many hours should employees work.  Some studies show the world’s employed adult population works an average of 42 hours per week.  While some surveys show workers in German and Britain would consider an optimal work week around 37 hours, Americans would like to work longer and get more money. 
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irs office

Tax Changes on Tips, Overtime and Meals 

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Given recent tax law changes affecting employers, companies will want to ensure as soon as possible that payroll systems and accounting policies are ready to support these changes. In particular, required changes for information reporting and income tax reporting will be effective this year. Although not all employers have these issues, quite a few do. 
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we are hiring sign

Job Interviews Can Be a Good Selection Device

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Economist magazine reports that job interviews are “the worst way to select people, except for all the others.”  One of the more encouraging surveys published in 2022 finds that structured job interviews have the most predictive value of any recruitment method, ahead of things like assessment centers or psychometric tests.  The word “structured” normall…
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fighting rams

Suggestions on How to Diffuse a Tense Situation

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Of primary importance is that the best avoidance is to recognize the early warning signs.  In other words, at the beginning of a confrontation, the person in question may be only mildly annoyed, but if two people begin escalating the situation, it can ratchet up towards unfortunate results and even violence.  There are some techniques to calm a person down.
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shutdown, washington

Employers Blame Unions for Recent Shutdowns

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
A good amount of publicity has come out recently about two major closings that employers blame on their unions.  In the most recent, at the Pittsburgh Post-Gazette, the company announced it will stop publication on May 3 because a court decision required it to operate under a previous labor contract that made continued publication impossible.  The case is P…
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