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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.

Early morning Bagan, Myanmar

TPS Update (as of 3/31/2026)

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Trump Administration has acted to terminate TPS status for several countries.  Of course, litigation has followed each notice of termination.   However, if the Trump Administration continues to follow the law, these terminations will be upheld because the Secretary of Homeland Security has vast discretion to terminate TPS status and courts do not have a…
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staff

Developments in Use of Indemnity Agreements with Staffing Agencies

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In many situations, employers utilizing staffing companies or other independent contractors to provide workers, enter into contracts with these staffing entities with an indemnity provision.  Indemnity provisions would provide, for example, should the entity be sued for a law violation in regard to the workers supplied by the staffing company, the staffing…
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discarded papers

Card Check Bargaining Order Theory Rejected by Appellate Court 

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
During the Biden administration, a new concept was adopted by the Biden-appointed NLRB in which employers were required to bargain with a union based on a card-check majority rather than having a secret ballot election conducted. In one of the two most controversial rulings during the Biden-era NLRB, the Board rendered a decision basically saying that if an…
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be reasonable

NLRB Efforts to Interpret Employer Policies in a More Reasonable Manner

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a memo to the NLRB regional offices in late February, NLRB General Counsel Crystal Carey told regional NLRB officials to reduce efforts to police employer handbooks and workplace rules.  She stated that the Agency’s current priority is to reduce its large case load by being more discriminating in its challenges to employer handbook policies.  The Agency…
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gender neutral bathroom sign

Transgender Worker Bathroom Access Addressed by EEOC

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On February 26, 2026, the Equal Employment Opportunity Commission (EEOC) ruled that federal employers can lawfully block transgender workers from using bathrooms and changing facilities that align with their gender identity.  The EEOC majority concluded that Title VII allows federal agency employers “to maintain single-sex bathrooms and similar intimate spa…
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sign: please stay on the path

DOL Proposes New Independent Contractor Rule

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The classification of workers as employees or independent contractors is incredibly important to businesses.  Employment protection laws do not apply to independent contractors, nor do payroll taxes need to be paid on their work.  Much of the recent litigation in this area has focused on app-connected transportation companies, but virtually every company us…
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journal notebook

Updates on NLRB Joint Employer Rule

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An independent contractor and joint employer have technically different issues, but they have a lot of overlap.  The independent contractor standard deals with whether a worker is an employee or independent contractor, while the joint employer standard deals with whether the companies share legal responsibility for the same group of workers.  Both standards…
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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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round table

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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