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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.

pregnant mom, white shirt and jeans
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.  
extracting vaccine from vile with needle by gloved person, indoors
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...
handshake, indoors
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 ...
Rehabbed non functioning gas station, outdoors
For the past year, compensation for workers with non-union jobs is rising faster than those represented by a union. Wages for non-union workers rose 6%, compared to 3.4% for those in unions.  
woman outdoors, two doors, red and blue choice
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...
handing a payment card to someone
A July study was released about the effect of the race and gender pay data the Equal Employment Opportunity Commission (EEOC) collected from employers in 2019 and 2020.  The pay data collection was added as a "Component 2" of the EEOC's annual diversity report known as the EEO-1.  The EEO-1 form describes a workforce's race, sex and ethnic makeup. 
covid stats, deaths and recovered
On July 12, 2022, the EEOC announced new guidance concerning COVID-19.  The most important change is that the prior guidance stated that conducting mandatory work site COVID-19 testing always met the Americans' with Disabilities Act (ADA) standard that any mandatory medical test be "job-related and consistent with business necessity."  The new guidance st...
Bruce r. thompson courthouse and federal building, south virginia street, reno, nv, usa
Over the years, an increasing part of this country's legal system has been based not on laws passed by legislators or the Congress, but on regulations issued by administrative agencies.  The courts have long struggled with the issues pertaining to whether the federal regulations were valid, but instead were issues that should be determined by the voters a...
Mask pattern on blue background
Many businesses purchase business interruption insurance to protect the company against disasters.  Almost 2,000 lawsuits have been filed against insurers on the issue of whether COVID-19-related shutdowns constitute a "direct physical loss of or damage to" property, as defined in the language of many business interruption insurance policies.  To date, vi...
Black Lives Matter sign, outdoors
Cases are starting to come out now dealing with the subject of whether an employer can ban buttons pertaining to the Black Lives Matter (BLM) movement.  The cases involve various legal theories such as the concerted activity doctrine under the Labor Act, the discrimination laws, and the free speech laws pertaining to public employers under the First Amend...
old man walking dogs outdoors
In DiBenedetto v. AT&T Services, Inc., a 58-year-old White male defeated the defendant AT&T's efforts to dismiss his case in connection with a reduction in force.  The question according to the Atlanta federal court was whether the plaintiff had alleged sufficient facts to plausibly support an inference that his termination was motivated in part b...

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