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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 Now Has a Majority of Democrat Commissioners

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Equal Employment Opportunity Commission (EEOC) has a three-person Democrat majority, and its new Democrat Chairperson, Kalpana Kotagal, signals she is keen to encourage more diversity and inclusion efforts.   Her goal is "to continue to support lawful DEI work and to reassure employers in particular, but also their counsel, about what the contours of ...
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"Single" ULP Can Trigger Bargaining Order without Vote, According to NLRB Prosecutor

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The dangers of the new NLRB rule in Cemex are emphasized in last month's newsletter, whereby an employer can be ordered to bargain with a union where the employer does not itself file an election petition within two weeks and/or commits unfair labor practices that would warrant setting aside an election, even though they are not severe.  In the November 2...
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Other Portions of Proposed Harassment Guidelines Address Critical Issues

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Evidence must show that the complainant was subjected to harassment because of the complainant's protected characteristic.  Absent an explicit change to the terms and conditions of employment, harassing conduct based on a protected characteristic is actionable when it is sufficiently severe or pervasive to create an objectively and subjectively hostile wo...
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DOL Proposal Dramatically Increases Salary Level Necessary for Overtime Exemption

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Workers who are salaried, who make more than a certain amount of money per year and work in a "bona fide executive, administrative, or professional capacity" are not covered by requirements for employers to pay employees at time-and-a-half for any time they work beyond 40 hours in a week.  Employees must meet all three of these factors for the exemption t...
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DOL Also Raises 2024 Minimum Wages for Federal Contractors

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On September 27, 2023, DOL issued updated minimum wages for federal contractors for 2024.  Contracts entered into with the federal government on or after January 30, 2022 will have a new minimum wage of $15.20 per hour.  A $12.90 hourly minimum wage will apply to those contracts created on or after January 1, 2015, but before January 30, 2022. 
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Proposed Enforcement Guidance on Harassment Expands Trump Administration's Guidance Significantly

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) proposed new enforcement guidance on harassment, subject to public input for a period of 30 days after its publication (November 1).  A similar guidance that was issued during the Trump Administration never was finalized, allegedly due to LGBTQ-related issues.  The Trump Administrat...
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New NLRB Ruling Requiring Card-Check Union Designation If Unfair Labor Practice Committed

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers' "worst nightmare" has just occurred in the Cemex Construction National Labor Relations Board (NLRB) ruling on August 25, 2023.  In that ruling, the NLRB necessitates an NLRB order requiring the employer to recognize and bargain with the union, assuming the union can show a majority of employees have signed union authorization cards or otherwise...
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Quickie Election Rule Made Even Quicker by New NLRB Regulation

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The NLRB issued a final rule pertaining to its election procedures on August 18, 2023, to become effective December 26, 2023.  The new regulation, promulgated without opportunity for comments, sets forth 10 amendments to NLRB procedures, substantially returning those procedures to those in a 2014 rule issued during the Obama Administration.  The changes e...
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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 provid...
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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, 20...
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