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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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Music at Work Claimed to Create a Hostile Environment

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
According to the Ninth Circuit Court of Appeals, sexually explicit music played in the workplace can create a hostile environment in violation of Title VII.  Harp v. S & S Activewear, LLC, 69 F. 4th 974.  Eight former employees (seven women and one man) charged the warehouse allowed "sexually graphic, violently misogynistic" music to be played loud su...
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Rounding Error: Eighth Circuit Invalidates Longstanding Rule on Timekeeping

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Fair Labor Standards Act (FLSA) is more than 80 years old, a legacy of the bricks-and-mortar, pencil-and-paper era.  One wouldn't expect it to hold many surprises.  But in Houston v. St. Luke's Health Systems, 75 F.4th 1175 (8th Cir. 2023), the U.S. Court of Appeals for the Eighth Circuit invalidated a longstanding regulation condoning rounding, 29 C....
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Wage and Hour Issues New, Old Rules for Classifying Workers as Employees or Independent Contractors

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On January 10, 2024 the U.S. Department of Labor (DOL) announced a final rule on classifying workers as employees or independent contractors for purposes of the Fair Labor Standards Act (FLSA).  These rules have been revised before: the rule just issued by the Biden Administration expressly rescinds the 2021 Independent Contractor Rule implemented during ...
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Things To Do in 2024

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
1. Update employee handbooks, including review of rules the Labor Board may consider overbroad and thus unfair labor practices. 2. Update reasonable accommodation policies, particularly as regards to new pregnancy-related laws and religious accommodation rulings. 3. Make sure appropriate person in each facility is designated to receive FMLA requests and...
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NLRB Judge Issues First Cemex Bargaining Order

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An NLRB administrative law judge (ALJ) in late September issued the first bargaining order under the Board's new Cemex standard.   Y.N.S.A., Inc. v. UFCW Local 1445.  While the ALJ ruling can be appealed to the Board, the case sends a clear message to management that a new doctrine has been implemented.  The company had refused to recognize the union, whi...
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EEOC Issues Guidance on New Pregnant Workers Fairness Act

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On August 11, 2023, the EEOC issued a Notice of Proposed Rulemaking to implement the Pregnant Workers Fairness Act (PWFA).  The new law officially went into effect on June 27, 2023, for organizations with 15 or more workers.  In general, employers will be expected to make reasonable accommodations for the "known limitations" of applicants and employees wh...
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Federal Agencies Issue Regulatory Agenda for New Employment Rules

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Several labor agencies, including the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), the Occupational Safety and Health Administration (OSHA), and the National Labor Relations Board (NLRB), published their regulatory agenda for 2024.  EEOC's regulatory agenda includes the following priorities:
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In Spite of Government Efforts to Limit Independent Contractors, Record Numbers Turn to Gig Work

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
It is well known that numerous government agencies have an agenda to classify all workers as employees, instead of as independent contractors.  There are numerous reasons for this approach, one being that independent contractors do not have the protections of the employment laws, and cannot form unions, and the government may feel it has more difficulties...
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Does Your Employer Have Illegal Rules on the Books?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The above heading actually comes from a union publication urging employees to review all company rules and policies and challenge them with the NLRB.   In August, the NLRB in its Stericycle ruling set forth a new, game-changing standard, in determining whether company rules are illegal, because they "chill" worker activity for unions and other concerted a...
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UAW Declares Victory in Auto Strikes

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
There are many "firsts" in the auto strike that appears to have concluded in late October.  It was the first time that all three of Detroit's major automakers were on strike at the same time.  The union also used an unusual strike tactic in staging short strikes at select plants among the three Detroit automakers increasing their ability to inflict signif...
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NLRB Announces New Joint Employer Final Rule, Bringing More Entities under Joint Employment Concept

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Many businesses feel threatened by the new joint employer rule issued by the National Labor Relations Board (NLRB) on October 25, 2023.  In the new rule, entities that share control over the terms and conditions of a worker's job could be found to be joint employers for purposes of the collective bargaining law, including in cases where an employer's cont...
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