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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.

ai, human reach out

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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danger sign, skull

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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CHAT GPT

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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avoid, wave away

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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ai visualization

Suggestions on Use of AI

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Perhaps the starting point is to look at the type of AI platforms generally available.  At a recent conference about AI use for HR, speakers addressed the generally available platforms and which platform offered the best information.
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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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