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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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Federal Courts Have Now Blocked NLRB Proceedings as Unconstitutional

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a case in Texas brought by SpaceX, a federal judge on July 10, 2024, explained his order blocking a case against SpaceX from proceeding before the NLRB. 
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Labor Board Giving up on New Joint Employer Rule

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The National Labor Relations Board (NLRB or Board) decided to withdraw its appeal in a court decision vacating the 2023 Biden joint-employer standard final rule.  NLRB v. U.S. Chamber of Commerce, 5th Cir., Motion of Voluntary Dismissal filed 7/19/24.  The Board in its motion said it believes the rule is lawful but wants "to consider options for addressin...
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Most Employers Continue Non-Competes Despite Current Legal Attacks

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Federal Trade Commission (FTC) rule scheduled to go into effect on September 4, 2024, banning the most common forms of non-compete agreements, was invalidated by a federal district court ruling on August 21, 2024.  Ryan, LLC v. Federal Trade Commission, No. 24-cv-00986, U.S. District Court for the Northern District of Texas.
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DEI Concepts Becoming Even More Controversial

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Many employers and other institutions are scaling back or modifying their DEI programs, a current example being the Society for Human Resources Management.  It is now adopting the term "I&D" or Inclusion and Diversity and removing the "E" from its previous "IE&D" terminology. 
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Lawfulness of Employee-Access Rules for Off-Duty Employees

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
A common problem or issue with surprising legal complications is the extent to which an employer can keep off-duty employees from returning to the premises.  The issue has gotten more complicated due to the current NLRB's policy that if an employer rule is overbroad and thus unenforceable, any discipline administered under that rule may also be deemed ill...
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Employer Saves $365 Million by Adding One Sentence to Job Application

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers are known to have tendencies to seek "quick fixes" to employment-related issues.  For example, almost every employer has "at-will" statements in its employment policies (except as limited by the terms of any applicable union contract).  However, employers often overlook other useful measures that can save money.
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Court Issues Injunction against FTC's Non-Compete Ban

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On July 3, 2024, a federal judge in Texas issued an injunction preventing the Federal Trade Commission (FTC) from enforcing its rule banning non-compete agreements, preventing the rule from taking effect in September while the court considers if the FTC has authority to issue the rule.  The judge stated: "The court concludes the text and the structure of ...
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NLRB Administrative Law Judge Rules against Non-Compete and Solicitation Clauses under Labor Act

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On June 13, 2024, an NLRB administrative law judge ruled that J.O. Mory, Inc. violated the National Labor Relations Act (NLRA) by maintaining unlawful non-compete and solicitation policies.  The judge explained that the non-compete agreement would cause a reasonable employee to refrain from engaging in protected activities because if an employee knows the...
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OSHA Releases First-Ever Heat Rule

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On July 2, 2024, the Occupational Safety and Health Administration (OSHA) published its Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule.  The rule is quite broad in protecting workers from extreme heat.  It would not apply to "sedentary" or remote workers, emergency response workers, or employees at indoor job sites wh...
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Chisos Mountains. Big Bend National Park, TX. Mick Haupt via Unsplash

Texas Court Blocks DOL Salary Level Rule for Exempt Employees, but Only Enjoins It as to State of Texas Employees

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
A federal judge in Texas has ruled that the Department of Labor (DOL) likely exceeded its authority in implementing its final rule raising the minimum salary level for "white collar" exemptions.  State of Texas v. U.S. Dep't. of Labor, E.D. Tex. (6/28/24).  The court, however, refused to issue a nationwide injunction, so the new salary rule goes into effe...
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Union Momentum in Southern Organizing Chilled by Mercedes Vote

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Unions have been on a "roll" in recent months, seemingly winning big strikes and major organizing campaigns.  The United Auto Workers (UAW) is one of the leaders of this momentum, winning a major strike against the "Big Three" automakers and winning a union vote at Volkswagen in Chattanooga, Tennessee recently.  Most predicted this momentum would continue...
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