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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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DOL Issues New Joint Employer Rule Proposal

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. Department of Labor (DOL) announced on April 22, 2026, a new proposed rule clarifying when multiple employers are jointly liable for wage and hour violations.  The proposed rule is titled “Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protect Act.”  The DOL belie…
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The Supreme Court Again Addresses Whether Drivers Are Exempt from FAA Arbitration Agreements 

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Federal Arbitration Act (FAA) encourages the use and enforcement of arbitration agreements, although the Act contains an exception for “transportation workers engaged in interstate commerce.”  There have been many issues arising as to what type workers are exempt from employment arbitration agreements under the FAA.  Flowers Foods v. Brock, No. 24-935 (…
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Trump Nominates Third NLRB Member, Whose Confirmation Signals Potential for Change 

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On April 13, 2026, President Trump nominated James Macy to fill the third vacant Republican seat on the National Labor Relations Board (NLRB).  It is unknown how long the confirmation process may take, as the last two Republican NLRB nominees took almost five months to confirm.  Macy joined the DOL after more than 40 years in private practice representing e…
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Defendant Sues Plaintiff Over “Fabricated” Sex Harassment Claims

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An employer official named in a graphic sexual harassment suit brought a counter-claim against her accuser for defamation, calling his allegation “entirely false” and “malicious.”  The fact pattern was unusual to say the least.  The male plaintiff alleged that his female superior forced him to be her “sex slave.”  She in turn “categorically and unequivocabl…
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Federal Workers to Get New and Tougher Performance Reviews

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
No personnel issues have been debated longer and more thoroughly than that of the utility of performance reviews.  Some argue that such reviews, while intended to provide feedback to encourage better performance, are not well prepared or well received, and tend to rate even poor workers as average or above average.  Many efforts have been made to make perfo…
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Could AI Hiring Assessments Constitute a Polygraph Test Under Applicable Law?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
This newsletter has written many articles about challenges and questions raised by the use of AI by employers.  The latest comes from a lawsuit filed in a federal district court in Massachusetts in which a federal judge ruled in February 2026 that a Workstyle Assessment qualified as a lie detector under Massachusetts law.  Korn v. Amazon Inc., No. 1:25-cv-1…
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OSHA Extends Its Heat Program

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Although there is no federal Occupational Safety and Health Administration (OSHA) heat rule, OSHA still issues heat citations under its General Duty clause.  On April 10, 2026, OSHA issued an updated National Emphasis Program for outdoor and indoor heat-related hazards.  The updated plan will “direct Agency resources where they can make the biggest impact”…
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New Order Reclassifies Some Marijuana Products Available by Prescription

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On April 23, 2026, a final Order was issued reclassifying FDA-approved medications that contain marijuana authorized pursuant to a state and medical marijuana program as a Schedule III controlled substances and make them available by prescription.  The Order specifically states that it does not legalize the use of marijuana for recreational purposes. 
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EEOC Guidance on 2026 EEO-1 Reports

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
There has been a lot of confusion about the 2026 filing of EEO-1 reports, also known as Standard Form 100.  According to a notice of an EEOC proposal sent to the White House on May 14, 2026, the EEOC would rescind the regulations for the EEO-1 annual data collection.  This report requires companies with at least 100 employees to share data on the race, sex…
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Further Developments and Advice Using AI for Employment Matters

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In last month’s newsletter, we discussed a federal case from New York which held that an individual’s artificial intelligence-generated documents were not protected by the attorney-client privilege.  This has caused most attorneys to advise their clients not to use “public” AI tools for confidential matters without first consulting an attorney.  Attorneys t…
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EEOC Upholds Bathroom Exclusion for Trans-sexual Employee

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers are struggling with how to handle trans-sexual employees who choose to use the bathroom of their gender choice, rather than their biological sex.  At least know the Equal Employment Opportunity Commission (EEOC) has made its position clear.  On February 26, 2026, the EEOC rejected a federal-sector employee’s request to use a female-designated bath…
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