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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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NLRB Expands "Concerted" Protections for Individual Job Actions

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Section 7 of the National Labor Relations Act (NLRA) establishes the federally-protected right "to engage in . . . concerted activities for the purpose of . . . mutual aid or protection."  To be protected under Section 7 of the Act, employee conduct must be both "concerted" and engaged in for the purpose of "mutual aid or protection."  
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An Employer’s Fiduciary Responsibilities Require Investigation of Health Plan Claim Expenses

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An employer with a large number of employees usually offers health care coverage to its employees using what is called “self-insurance”. When an employer self-insures the cost of health care coverage for its employees, the employer usually engages a third-party administrator (like Aetna or United Healthcare) to negotiate acceptable fees with health provider…
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NLRB Tightens Independent Contractor Standards

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In the Trump Administration, the NLRB issued a ruling for determining whether a worker is an employee or an independent contractor.  In the 2019 ruling in Super Shuttle, the Trump-era NLRB indicated that entrepreneurial opportunity for gain or loss should be the "animating principle" of the independent contractor test.  In a decision issued on June 13, 2023…
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Employers Caught in the Middle for Attacks on DEI Programs

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
As a result of the Supreme Court ruling on affirmative action in college admissions, employers seem to be caught in the middle in the debate over those in favor of or opposed to diversity, equity, and inclusion (DEI) programs that may go too far.  There have been lawsuits, shareholder letters and petitions to the Equal Employment Opportunity Commission (EEO…
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Big Labor Is Front Page

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Big labor is flexing its muscles, and the nation should be concerned.  While the most pro-union President in history touts organized labor as good national policy, the effects of this policy show the dangers.  Let's look at actions over the last few months as large parts of our national economy were almost shut down over a potential dock workers strike, a p…
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NLRB Sets Forth New Standard for Judging Legality of Handbook and Other Employer Policies

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers have been long awaiting the Biden National Labor Relations Board's (NLRB's) view of what types of employer handbook and other policies are lawful, and what types are overbroad and thus unlawful.  On August 2, 2023, the Board announced the new Biden NLRB policies in Stericycle, Inc., adopting a new legal standard to decide whether an employer's wor…
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DOL Requires New Wage-Hour Notice to Be Posted at Workplaces

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
A new Department of Labor (DOL) Fair Labor Standards Act (FLSA) poster is now required which adds the requirements of the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act). The April 2023 version of the poster must be used to be legally compliant.  You can access this new poster by going to:  https://www.dol.gov/agencies/whd/poste…
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Businesses Providing Expressive or Artistic Services Not Required to Provide Such Services to Same-sex Customers

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Supreme Court Says Forcing Expressive Designs That Communicate Messages Violates the First Amendment In a case in which a website designer refused to make wedding websites for LGBTQ couples, the Supreme Court's 6-3 majority ruled that the First Amendment bars the government from forcing the designer to create expressive designs that communicate messages sh…
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Supreme Court Changes Standard for Religious Accommodations to Persons Refusing Sunday Work

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In Groff v. DeJoy (No. 22-174, June 29, 2023), the Supreme Court addressed a Christian who rejected Sunday work with the Postal Service due to his faith.  He received progressive discipline for failing to work on Sundays, and eventually resigned.  He sued under Title VII, contending that the Postal Service could accommodate his Sunday Sabbath practices "wit…
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Pregnant Workers Fairness Act Is in Effect, and Also Requires Reasonable Accommodation

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023.  The expanded rights for pregnant individuals will be similar to those qualified individuals with disabilities under the ADA.  Under the PWFA, such individuals only have to show that they require reasonable accommodation due to a physical or mental condition related to pregnancy/chi…
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Court Says Employers May Sue for Damages Where Union Fails to Take Reasonable Precautions to Protect Employer's Property from Eminent Danger due to Strike

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. Supreme Court on June 1, 2023, ruled that the Labor Act does not protect strikers who fail to take "reasonable precautions" to protect their employer's property from foreseeable, aggravated and imminent danger due to the sudden cessation of work.  Glacier Northwest, Inc. v. Teamsters Local 174, Case No. 21-1449.  The union called the strike to star…
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