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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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The Issue of Black Worker’s Use of Anti-black Racial Slur

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An employer recently successfully defended a lawsuit where the plaintiff claimed the discrimination laws “effectively enshrine a right for any person to use any slur which applies to their own protected characteristic in the workplace.”  The plaintiff argued that the term “has cultural significance for African-Americans and is a word that has a different co…
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pinky swear

Employer Asked Applicants to Swear They Are Not Going to Leave

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers have been reading about the use of non-compete agreements and the like, and are increasingly concerned as to their use.  One interesting practice is developing among the financial industry in New York, with major financial firms asking junior bankers to confirm their loyalty on a regular basis in an effort to limit leaving to go to other talent-hu…
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money

The Low-hire, Low-fire Economy

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Federal Reserve Chair Jerome Powell said in early October that:   “You’ve got a low-firing, low-hiring environment.”  He goes on to say that if layoffs are seen, “That could very quickly flow into higher unemployment.”  The current jobless rate is at 4.3%, but there are a growing number of people unable to leave their jobs or are underemployed.  Further, em…
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Employers Sued for Not Meeting EEO-1 Reporting Obligations

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
During 2024, for the first time, the EEOC filed some 18 lawsuits against employers who did not file EEO-1 reports.  Employers with 100 or more employees and federal contractors with 50 or more employees are required to file EEO-1 reports annually.  
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hospital patient

Health Insurance Cost Increases Cause Employers to Look for Alternatives

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Wall Street Journal reports that U.S. businesses are facing the biggest health-insurance cost increases in 15 years or more.  Costs for employer coverage are expected to go up about 9.5% in 2026.  The recent average is around $25,500 for a family plan.  Employers are trying to adjust by changing plan designs, or pushing more costs to employees.  Others…
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skyscraper at night

Changes in Tax Rules on Tips and Overtime

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Beginning for tax year 2025, there is a new deduction whereby filers can deduct up to $25,000 of their tips for those taking standard deductions and for those who itemize, even if they are self-employed.  For non-employees, qualified tips are deductible only to the extent gross income from the sole proprietor’s business, including tips, exceed deductions fr…
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senate building

The EEOC Re-establishes Quorum, While Some Trump Picks Are Confirmed by Senate

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On October 7, 2025, the U.S. Senate confirmed a number of nominees appointed by President Trump to various employment agencies.  The vote was 51-47.
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jury chairs

Jury Brings Back a $3 Million Verdict for Failure to Accommodate Remote Work

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
One of the most common areas of litigation under the Americans With Disabilities Act (ADA) relate to workers who request to work remotely as a reasonable accommodation for some type of disability.  While employers appear to be winning a majority of these lawsuits, there are some notable exceptions.
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office workspace

Workplace Investigations Largely Shut down, but Courts Remain Open during Shutdown for Now

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Investigations into labor and employment matters will largely cease as the Department of Labor (DOL), the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC) have very limited operations during the funding freeze.  Neither unfair labor practices charges at the NLRB nor discrimination charges at the EEOC will be proce…
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NLRB Down to One Sitting Member

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
For just the second time in the National Labor Relations Board’s 90-year history, it is down to one sitting member after Board Chair Marvin Kaplan’s term expired recently.  The Board currently only has a single Democratic NLRB member, David Prouty, appointed by President Biden, and four empty seats. 
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stop sign, outdoors

Fifth Circuit Federal Court Has Upheld Injunctions against NLRB Proceedings

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On August 19, 2025, the Fifth Circuit Court of Appeals upheld preliminary injunctions against complaint proceedings before the National Labor Relations Board (NLRB).  The court held that plaintiffs will likely prevail in their arguments that protections limiting the President’s removal powers over administrative law judges (ALJs) and Board members violate t…
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