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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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EEOC Releases New Required EEO Poster

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers are required to post many types of notices in the workplace, some required by federal law, and some by the various state laws.  Notices are generally required to be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted.  The EEOC offers ready-to-print posters and it is important to use t…
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Updated CDC Guidance on Covid-19 Shifts Focus Away from Employer

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Centers for Disease Control (CDC) has modified its guidance on preventing transmission of COVID-19.  The main thrust of the guidance is to shift the emphasis to individuals.  However, the CDC still recommends that organizations improve building ventilation, and include using HEPA filters, opening windows to bring in outdoor air and turning on fans to im…
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DOL Proposes New Independent Contractor Rule Limiting Contractor Status and Rescinding Trump Rule

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In January 2021, the Department of Labor (DOL) during the Trump Administration published a rule titled "Independent Contractor Status Under the Fair Labor Standards Act" (IC Rule) providing guidance on the classification of independent contractors in any industry.  In 2021, the IC Rule identified five economic reality factors to guide the inquiry.  Two of t…
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Starbucks Formally Accuses the NLRB of Collusion with Unions

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
As set forth in this newsletter recently, Starbucks has been the subject of a corporate campaign by unions to organize Starbucks employees and in the process claim the employer is a law violator and bad employer.  In late August, Starbucks took an incredibly bold move publicly accusing the National Labor Relations Board (NLRB) of secretly colluding with the…
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Administration Announces New DACA Rule

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Deferred Action for Childhood Arrival Programs (DACA), begun in 2012, offers the ability to work legally to some 600,000 undocumented persons who came to the U.S. as children.  The Obama-era rule has been under legal attack and a court in Texas ruled the program was illegal and barred the federal government from accepting new applicants, although it per…
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Labor Board Expands Employee Rights to Wear Pro-Union Shirts at Work

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The National Labor Relations Board (NLRB) with its new Democrat majority, issued a major ruling on August 29, 2022, expanding employee rights to wear pro-union shirts and the like at work.  "Wearing union insignia, whether a button or a t-shirt, is a critical form of protected communication," NLRB Chairman McFerran said in a statement.  "For many decades, e…
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Union Approval at 57-year High

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Union approval was at its all-time high around the end of World War II, but then began a long-term decline, but recently is rising again.  In August, a Gallup poll showed that public approval of labor unions reached 71% in 2022.  This is the highest level since 1965.  Some say recent labor activity in the wake of the coronavirus, particularly at certain wel…
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Use of Light-Duty Work Only for Compensable Injuries Upheld

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Many employers offer light-duty programs which are primarily designed to lower the cost of workers' compensation claims.  Such programs create controversial issues as to whether pregnant females or those with disabilities should have access to such programs, even though they are not related to on-the-job injuries.  
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Wimberly & Lawson Secures Injunction for Its Clients in Federal Contractor Vaccine Mandate Case

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Wimberly & Lawson represented the Associated Builders & Contractors (ABC) in securing an injunction against the enforcement of President Biden's Federal Contractor Vaccine Mandate.  While the District Court had issued a nationwide injunction, the Eleventh Circuit Court of Appeals narrowed the injunction to include only members of ABC and the state a…
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NLRB Issues Proposed Rule on Joint Employment

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The long-awaited proposed rule from the National Labor Relations Board (NLRB) addressing joint employment was published on September 6, 2022.  The rule proposes to rescind the Trump-era 2020 final NLRB rule.  The new rule rejects the Trump-era rule provisions requiring: (1) that a putative joint employer "actually" exercise control; (2) that such control be…
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Considerations for Employers Dealing with Abortion Issues

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Supreme Court decision in Dobbs v. Jackson Women's Health on June 24, 2022, returned abortion issues to the states, allowing each state to "address abortion as it pleases."  It is expected that approximately half of the states will pass some type of state laws prohibiting abortion totally or partially, although some of these state laws may at least be t…
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