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.

Judge Invalidates Joint Employer Rule, and Independent Contractor Rule Takes Effect

April 02, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The National Labor Relations Board (NLRB) Joint Employer Regulation, which was set to take effect March 11, 2024, was invalidated by a Texas district court judge. U.S. Chamber of Commerce v. NLRB, E.D. Tex. 3/8/24. The rule affects liability and collective bargaining obligations, outsourcing of labor, and the entire franchise industry. The Trump era Jo...

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The Importance of Fairness in Employment to the Law and to Job Satisfaction

April 02, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Some of you may have heard about disgruntled employees taping phone conversations of their discharge and mentioning them on social media to show the unfairness of their treatment. It is a fact of fundamental human instinct that whatever the rights and wrongs of an employee's termination, the manner in which an employee is terminated or how they are treat...

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Major Employers Challenge Constitutionality of Labor Act

April 02, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Amazon is the most recent major employer to challenge the constitutionality of the National Labor Relations Act (NLRB), joining Trader Joe's, Starbucks and SpaceX. Elon Musk's company, SpaceX, first raised the constitutional issue in a Texas federal court in January. A company announcement from Amazon stated: "NLRB proceedings violate Article III of the...

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Starbucks' Big Change in Labor Policies

April 02, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Starbucks' new public commitment to work with its union antagonists to resolve issues has been called a landmark in labor relations. In an earlier December public announcement, the Starbucks President wrote a letter to the unions suggesting cooperation, and in late February, the company and the Starbucks Workers United announced they were beginning negot...

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Judge Orders Survey Data to Be Revealed from Employer EEO-1 Reports

April 02, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Employers are supposed to file annually the EEO-1, Standard Form 100, with the U.S. Department of Labor (DOL). This requirement applies to private employers of 100 or more employees and to federal contractors who have at least 50 employees and hold a federal contract worth at least $50,000. In the Obama Administration, the Equal Employment Opportunity C...

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"No-Fault" Attendance Policy Upheld against Disability Claims

March 07, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Employers continue to be confused about how to handle absences related to disabilities, as to applying their "no-fault" attendance policies. No-fault attendance policies do not generally consider the reason for an absence, except for certain statutory exceptions, like FMLA, and consider simply the absence from work as resulting in points under their poin...

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NLRB Issues First Unfair Labor Practice Complaint against Non-Competes and Training Repayment

March 07, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The General Counsel of the National Labor Relations Board (NLRB), former union lawyer Jennifer Abruzzo, continues to attempt to expand the application of the Labor Act to cover everyday employment policies. The latest attack comes through an unfair labor practice complaint issued against a spa alleging it illegally made workers sign various contracts, in...

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Department of Justice's Anti-trust Division Announces Anti-trust Compliance Programs Include Training for Human Resources

March 07, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

There is relatively recent increased attention from government enforcement authorities of anti-trust issues affecting human resource professionals. In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued their Anti-Trust Guidance for Human Resource Professionals. At the same time, they issued Anti-Trust Red Flags for Emplo...

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AI Hiring Bias Is New Focus of EEOC

March 07, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The Equal Employment Opportunity Commission's (EEOC) Strategy Enforcement Plan for 2024-2028 published in the Federal Register last year specifically addresses discriminatory recruitment and hiring practices that involve an employer's use of Artificial Intelligence (AI) and machine learning to target, recruit, and screen potential applicants or make hirin...

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Keys to Address Employee Dissatisfaction and Activism

March 07, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

We are in a new age of employee dissatisfaction and activism. There were critical labor shortages during the pandemic, and increased concerns about employer responses, and workers are increasingly asserting their rights and making demands upon their employers. Public approval of labor organizations is at a new all-time high, and the public is increasing...

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Labor Market Cool Down Leads to Lower Wage Gains

February 06, 2024 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Several Federal Reserve Bank surveys have reported that U.S. employers expect to hire less in 2024. The Federal Reserve data shows that the government's efforts to slow growth and inflation filtered through into the economy. It appears that the labor supply is coming back into better balance with demand. The surveys indicate that wage expectations have...

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