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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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Trump No Longer to Defend Worker Non-compete FTC Rule, but FTC Issues Warnings about Non-competes

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
During the Biden presidency, the Federal Trade Commission (FTC) adopted a non-compete rule in 2024 that would have barred the use of most non-compete contracts.  Former FTC Chair Lina Khan considered the non-compete ban was within the FTC’s mandate to prevent the use of unfair methods of competition.  The rule was later challenged by the U.S. Chamber of Com…
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Company Intranet Policies Raise Legal Issues

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Many companies like the comradery interest created on company intranets.  The idea is to share workplace news and give workers a platform to speak about them.  However, controversial postings can create difficult legal issues and other controversy.
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Does AI Help in Selecting New Hires?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An increasing number of employers use some form of Artificial Intelligence (AI) in their employee hiring process.  As a result, some employers indicate that their hiring process has improved in areas such as retention.  Some believe that using AI reduces the chance of employment discrimination, but plaintiff groups indicate that AI hiring selection processe…
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TPS Update (As of 9/22/2025)

| 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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Trump Nominates Appointments to NLRB and EEOC but Policy Changes Likely to Be Delayed

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
President Trump has nominated Boeing Chief Labor Counsel Scott Mayer, and long-time NLRB official James Murphy, for positions on the National Labor Relations Board (NLRB or Board).  However, the Board’s current Chairman, Marvin Kaplan, has a term expiring in August, so there will be another seat on the five-member NLRB to fill at that time.  Although the cr…
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DOL Launches Self-Audit Programs Designed to Help Employers Improve Compliance

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On July 24, 2025, the U.S. Department of Labor (DOL) announced several programs designed to help employers and others voluntarily assess and improve their compliance, reducing the likelihood of formal investigation or litigation.  The Employee Benefits Security Administration (EBSA) offers two self-correction programs for fiduciaries and benefits plan admin…
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DOL Must Release EEO-1 Reports to the Public under Open Records Laws

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
EEO-1 reports, also known as Standard Form 100, are required annually from employers of 100 or more employees and of federal contractor workforces.  The reports state the number of employees, job categories and demographic makeup of workforces, providing data about employee diversity.  In July, a federal appeals court ruled that DOL must release thousands o…
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Current Advice on Active-Shooter Situations

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Wall Street Journal recently did an interesting article on the latest training for best practices in active-shooter situations.  It begins with the most commonly advised approach to active-shooter situations, relating to three words:  Run, hide, fight.  Some experts say that thinking has evolved and that additional tactics, such as building barricades…
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New Policy for Federal Workers and Religious Expressions

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On July 18, the U.S. Office of Personnel Management outlined a new policy in a memorandum titled “Protecting Religious Expression in the Federal Workplace,” addressing employer’s rights to various forms of religious speech.  While the policy memo only affects federal workers, and does not change applicable law, the policy implications may ultimately apply t…
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DOL To Shut Down OFCCP and Transfer Duties to EEOC

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
For years the Office of Federal Contract Compliance Programs (OFCCP) was a formidable enforcer of equal employment and affirmative action applicable to federal government contractors. 
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Meaning of Supreme Court Ruling Limiting Nationwide Injunctions in Birthright Case

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Readers may be confused about the significance of the U.S. Supreme Court rulings in Trump v. CASA and related cases, as part of the birthright litigation.  In recent years, both political parties carefully selected jurisdictions in which a favorable judge would be most likely to grant an injunction against the application of federal power.  For many years…
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