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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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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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Marijuana

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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Recent ICE Enforcement Changes Affect Employer Compliance in Completing Form I-9

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
For many years, the definition of substantive and technical violations in properly completing Form I-9 allowed employers to correct many inaccuracies without fines that were so-called “technical” violations rather than “substantive” violations.  There is a detailed checklist of substantive and technical errors set forth in what has been called the Virtue Me…
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TPS Update (as of 6/1/2026)

| 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 aut…
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FCRA Litigation Challenges Employers’ Use of AI Hiring Platforms

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
A January 20, 2026, class action filed against Eightfold AI, Inc. in California is sending shockwaves through the employer and AI community.  Kistler v. Eightfold AI, Inc., Superior Court of the State of California, County of Contra Costa.  The class action lawsuit alleges that over 100 employers including Microsoft, Morgan Stanley, Starbucks, BNY, Paypal…
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The Dangers of Employers Using AI Research Tools as to Discovery Requests from Plaintiffs

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
A second “bombshell” affecting HR pertaining to AI is a federal court ruling in New York, that a defendant’s use of AI in researching and planning the defense was not subject to the attorney-client or work product defense, and thus was disclosable to the other side in litigation.  The idea was that the defendant was not getting advice from an attorney, as A…
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Two Subsequent Cases Protect Defendant’s Use of AI as Subject to Work-product Protection

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Soon after the deciding of the above-discussed case on February 17, 2026, in U.S. v. Heppner, a criminal case in the District Court for the Southern District of New York, two other courts found that such communications were nevertheless protected by Federal Rule 26(b)(3) in its work-product protection for a party’s use of AI tools for purposes of litigation…
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Is There Anything an Employer Can Do to Avoid Waiving Privileges in Using AI Research Tools?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
There are no easy answers to the above question, but some general observations will nevertheless be made.  First, the New York district court ruling mentioned above did not address the issue of what the result would be should HR conduct research at the direction of an attorney.   In analogous situations, such as an attorney-directed internal investigation…
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