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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.

hand shaking, indoors

Affirmative Action Ruling Could Impact Employers

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Supreme Court affirmative action ruling (Students for Fair Admissions, Inc. V. President and Fellows of Harvard College, No. 20-1119 (June 29, 2023)) is likely to have an impact on private industry affirmative action programs, even though the case itself involved the equal protection clause of the Fourteenth Amendment and admission policies at universit…
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ai machine in a white room

What Employers Need to Know about AI

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
This writer cannot recall a subject that has dominated the news in recent months like AI.  Although this writer is not attuned to modern technology, he nevertheless believes that AI is for real and is going to be as important as computers and cell phones.  But there is a lot to learn, and this article is hopefully a good overview.
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slew of arrows on a wall

Labor Board Now Attacking Most Non-Compete Agreements

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
As this newsletter has often stated, almost every month the National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo comes out with some controversial and unprecedented NLRB position.  On May 30, 2023, she announced that the NLRB would consider most non-compete agreements to violate federal labor law, with only extremely narrow exceptions.  Th…
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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 c…
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close up of a flag

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 subsi…
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pink medical mask on blue background

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 can…
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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 r…
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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 to…
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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 federal…
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two medievel shields

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 "b…
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