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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.

hurt woman hiding behind a smiling sign

What Happens When an Employee Engages in Abusive Conduct in the Course of Union or Concerted Activity?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
For many years, the National Labor Relations Board (NLRB) has been dealing - and struggling - with the above issue.  As an example, racial epithets have been hurled at non-strikers crossing the picket line, the term "whore" has been directed to persons signing up for overtime, and a company executive has been called a "f- idiot," and similar cases.  These...
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Litigation over Civil Rights or Patriotic-Related Paraphernalia at Work Continues

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Cases continue to arise dealing with the wearing of social/political/patriotic shirts and decals at work.  In a January ruling, Whole Foods won summary judgment supporting the enforcement of its neutral dress code against visible slogans, messages, logos or advertising when complainants were suspended for wearing Black Lives Matter masks to work.  Frith v...
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letters in a pyramind, government

Government Assistance Better than Work for Many

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Many wonder why at least 3 million fewer Americans are at work today than there were in 2019.  Economic rationality is one reason.  In some states today, unemployment benefits are the equivalent of a $100,000 job when direct payments and the value of other benefits are included.  Families earning as much as $500,000 annually are eligible for ObamaCare sub...
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The COVID-19 Emergency Is Over — Now What?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Now that the Biden administration has implemented its plan to officially end both the national emergency and public health emergency on May 11, private employers are contemplating what to do with existing COVID-19 policies and protocols.  Employers who are not subject to a federal vaccine mandate or state or local laws restricting mandatory vaccination ca...
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The Dangers of Off-The-Clock Work

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
One of the most popular wage claims we see in court these days is a claim for back pay - often at overtime rates -- for "off-the-clock" work.  Often the defendant did not authorize the work or did not ask for the work: in some cases, the employer did not even know the work was being performed.   Nevertheless, off-the-clock work claims are common and often...
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Federal Judge Denies Arbitration in Entire Case Where the Employer Failed to Exempt Sex Harassment Claim from Arbitration

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) barred arbitration agreement provisions that required employees to arbitrate sexual assault/harassment claims.  Most thought this law would simply remove those particular claims from overbroad arbitration agreements while allowing other claims in the case to proceed t...
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signed certificate

DOL Requirement to Register Certification of Affirmative Action Plans

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
For more than 50 years federal contractors have had an obligation to create and maintain written affirmative action plans.  But many such contractors may not be aware of their legal obligations to do so.  The government, through its Office of Federal Contract Compliance Program (OFCCP), is responsible for the enforcement of the federal government's federa...
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Protecting Severance Agreements from Labor Board Attacks, Confidentiality and Management Positions

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Another area where employers need to review their policy terms relates to severance agreements.  Employers typically include in severance agreements broad confidentiality and non-disparagement provisions, and really don't want other employees or the public to know what they have paid to secure a severance agreement.  They also don't want former employees ...
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construction crew on project outdoors

OSHA's Most Cited Hazard List in Construction and Outside Construction

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Occupational Safety and Health Association (OSHA) has released its Top 10 violations of its rules for fiscal year 2022, and the top four all relate to the construction industry - fall protection general requirements, ladder safety, protecting workers on scaffolds, and training workers to avoid falls.  Those hazards not primarily related to constructio...
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AI Is Another Relevant Area of Employment Law Issues

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The use of artificial intelligence (AI) is becoming increasingly utilized, including matters pertaining to employment.  Perhaps the most common related use pertains to the screening of resumes and applications of job applicants.  Some employers have developed sophisticated AI computer algorithms designed to make hiring decisions.  The concept is admirable...
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signing documents on a table, indoors

Labor Board Limits Common Severance Agreement Provisions

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The National Labor Relations Board (NLRB) seems to be on a mission to make the life of employers more difficult.  The latest is a ruling prohibiting employers offering employees a severance agreement that prohibits them from making disparaging statements about the employer and from disclosing the terms of the severance agreement itself.  McLaren Macomb, 3...
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