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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.

business buildings

Trump Business-Friendly Joint Employer Rule Officially Overturned

| September 2021
The current Administration has completed its rejection of the Trump-era joint employer rule by issuing a final rule in late July rescinding the 2020 joint employer rule.  The Trump regulation would have limited the circumstances under which multiple businesses share liability for wage or other violations.  These issues concern major cases such as the "pos...
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cdc

CDC Guidelines on Indoor Masks Changes

| September 2021
In late July, the Centers for Disease Control and Prevention (CDC) recommended that vaccinated people resume masking indoors in certain parts of the country.  In May, the CDC had issued guidance that vaccinated people no longer need to mask or physically distance in most indoor and outdoor settings.  According to CDC data, about 46% of U.S. counties are c...
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federal buildings

Important Federal Ruling Demonstrates Interplay of Intermittent Leave, ADA and FMLA

| September 2021
Few problems vex employers as much as figuring out the interplay of leaves of absence required by the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), particularly when they involve intermittent leave, irregular and unreliable attendance.  A recent case from the federal appeals court for the Eighth Circuit addresses these iss...
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donkey, outdoors

Democrats Lay out Their Agenda at Labor Board

| September 2021
In late July, two well-known union attorneys were confirmed by the Senate as members of the National Labor Relations Board (NLRB), David Prouty and Gwynne Wilcox.  Prouty replaces Republican member William Emanuel, whose term expires in late August, and Wilcox will fill a vacant seat, giving the Democrats a 3-2 edge.  Wilcox is best known for suing McDona...
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medical healthcare, indoors

Supreme Court Again Upholds Affordable Care Act

| August 2021
California v. Texas, the Supreme Court has again upheld the provisions of the Affordable Care Act (ACA), often known as ObamaCare. A federal appeals court had ruled that ACA had originally been upheld by the Court as a tax, but subsequent legislation removed the tax penalty thus casting doubt on the validity of the individual mandate and perhaps the entir...
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sticky notes, wall, indoors

No-match Social Security Letters Discontinued

| August 2021
In the past, the Social Security Administration (SSA) during periods of time has issued so-called "no-match letters" to employers with "at least one name and combination submitted on Form W-2 that do not "match" Social Security records. This has created difficult issues for employers as to the extent they must investigate such discrepancies, terminate emp...
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cross

Supreme Court Allows Catholic Group to Exclude Foster-care Rights

| August 2021
The public and the courts continue to debate whether there should be religious exemptions to LGBT anti-discrimination laws. In other words, there are anti-bias laws that must be enforced, and at the same time there are religious rights that under the law generally require some accommodation. When these two issues collide, the outcome becomes difficult. 
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restroom neon light

EEOC Addresses Controversial LGBT Restroom Policies

| August 2021
A year ago the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII outlawed workplace bias based on sexual orientation and transgender status. However, that ruling expressly left open questions on whether employers could segregate bathrooms or dress codes by sex. 
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buttons on a table, indoor

Labor Board to Reconsider Employer Restrictions on Wearing Buttons and Other Insignia in the Workplace

| August 2021
Many employers do not like the idea of employees wearing pro-union shirts or buttons on the job. In the past, however, and particularly during the Obama Administration, the National Labor Relations Board (NLRB) gave employees a great deal of rights to wear union buttons and other buttons pertaining to concerted activities. More current issues concern the ...
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monopoly houses on a wooden table indoors

Supreme Court Rejects Union Access to Employer's Property in California

| August 2021
A strong ruling for employers' private property rights was issued by the U.S. Supreme Court in June in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021). The Court ruled that a California regulation that gives union organizers access to workers on employers' farms violates the property rights of the owners. Chief Justice Roberts wrote the 6-3 majo...
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two men talking indoors at a table

EEO-1 Report including Diversity Now Due in August

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Equal Employment Opportunity Commission (EEOC) has pushed back the deadline for the EEO-1 Report.  This is the annual survey that employers with more than 100 workers, and federal contractors with more than 50 workers, are required to submit annually.  The race, sex, ethnicity, and job data is now due by August 23, 2021.  The previous deadline was Jul...
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