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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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Performance Reviews and Other Alternatives

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Performance reviews have become increasing disfavored in recent years, but reports indicate that the vast majority of employers still do formal annual assessments.  As a matter of fact, a few of the companies that discontinued such assessments have brought them back.  But increasingly, employers are looking for other ways of providing feedback to employees.
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Homeland Security and IRS Pay over $1 Million to Settle Lawsuit over Immigration Raid

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Back in 2018, ICE conducted a raid at a Tennessee meat packing plant, which was the largest workplace immigration raid in nearly a decade.  A lawsuit was filed following the raid at the Southeastern Provision facility in Bean Station, Tennessee, contending that the raid illegally targeted Latino workers, arguing that immigration officials used race as a pro…
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Transgender Workers May Be Protected by ADA as Well as Sex Discrimination Rules

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. Supreme Court ruled in 2020 that transgender workers were protected by Title VII of the Civil Rights Act.  While the Civil Rights Act protects against discrimination, the Americans with Disabilities Act (ADA) not only protects against discrimination, but requires reasonable accommodations for disabled workers that do not constitute an undue hardshi…
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Biden's Labor Policy Showing up in Anti-Trust Enforcement

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The pro-labor and pro-union philosophy of President Biden is making its mark in anti-trust enforcement.  In a 2021 executive order dealing with promoting competition, special emphasis was given to anti-trust issues in labor.  In fact, the issues arising in labor markets was first of the anti-trust policy objectives in the anti-trust executive order.  The Fe…
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Pay Gains Are Shrinking

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Everyone can feel the high inflation levels that have been plaguing the U.S. over recent months.  Recent data indicates the high inflation levels are cooling at least somewhat.  The U.S. Department of Labor (DOL) reported on January 31 that wage and benefit gains slowed in the second half of 2022, after touching the highest reading since current data collec…
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Recent Ruling Limits At-Will Provisions of Employee Handbook

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Most employers have employee handbooks, and most employers have done a pretty good job of including at-will statements therein and statements that the handbook does not constitute a contract of employment.  However, a recent decision of the Alabama Supreme Court has alarmed many employers as to the sufficiency of their handbook provisions.  Davis v. City of…
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If You Have a Company Intranet Site, Read This

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Many employers have company non-public intranet sites allowing employees to communicate with the company and each other on matters of interest.  A recent National Labor Relations Board (NLRB) decision involving Lush Cosmetics discusses problems with its intranet site called the "Hive."  Lush Cosmetics, LLC, 372 NLRB No. 54 (Feb. 10, 2023).  
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Benefit Adjustments When COVID-19 Emergency Ends

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Biden administration has announced that the COVID-19 emergency will end May 11, 2023.  Employers should prepare now for changes that will occur after the emergency declaration ends.
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No Good Deed Goes Unpunished... but Sometimes the Do-gooder Is Vindicated

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. Court of Appeals for the Eleventh Circuit just held - shock alert! - that paying an employee more than is legally required does not violate the Fair Labor Standards Act.  This should seem obvious, but apparently it wasn't, until now.
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federal trade commission building

The Good, the Bad and the Ugly about the FTC Proposed Banning of Non-compete Agreements

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The "bad" is that on January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that would ban most non-compete agreements with limited exceptions, assuming the rule becomes final in its present form. The federal rule would not only ban non-competes but also "de facto" non-competes, which the FTC said could include other types of contracts such as…
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Pregnant Workers Must Now Be Accommodated, and Another New Law Extends Rules Regarding Expressing Milk

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
A couple of new laws were passed by Congress at the end of the year that have not been widely publicized.  The Pregnant Workers Fairness Act (PWFA) was passed as an amendment to the $1.7 trillion government funding bill.  This law takes effect on June 27, 2023. Specifically, the PWFA would require employers with 15 or more workers to grant temporary and rea…
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