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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.

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 we…
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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 majori…
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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 July…
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Group of people talking indoors with computer laptops

Good Explanation of How Employers Do or Do Not Discriminate Among Similarly Situated Employees

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The most common type of discrimination case is based on what the law calls "disparate treatment," which is often defined as treating employees of different races and sexes differently who are similarly situated in all material respects.  As a result, disparate treatment cases often turn on the issue of whether persons of different races or sexes are actuall…
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woman receiving a vaccine

Status of Vaccine Incentives to Workers

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance in late May indicating that employers can offer bonuses and other incentives to encourage employees to get the COVID-19 vaccine.  However, if employers ask disability-related screening questions as part of the pre-vaccination process, employers must keep such worker vaccination…
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CDC interviewing a sick person inside an airport

Relaxed CDC Guidance Requires Employers to Set the Rules

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In May, the Centers for Disease Control (CDC) issued new guidance that fully vaccinated people "can resume activities without wearing any mask or standing six feet apart, except where required by federal, state, local or territorial laws, rules and regulations, including local business and workplace guidance."  The CDC requirements define those who have bee…
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a line of people waiting on employment

Do High Welfare Benefits Promote Unemployment?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Numerous employers and some studies suggest that many employees prefer government aid to a regular paycheck. Employers would agree that lower skilled workers are scarce right now and many jobs remain unfilled. Multiple sources indicate that some workers are turning down offers in lower wage occupations because their stimulus checks and jobless benefits pay…
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tax papers on a table near a mug

Tax Credit for Employers Who Give Employees Paid Leave for Covid Vaccination and Recovery

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The American Rescue Plan Act of 2021 (ARP) allows small and mid-size employers, and certain governmental employers, to claim refundable tax credits that reimburse them for the cost of providing paid sick and family leave to their employees due to COVID-19, including leave taken by employees to receive or recover from COVID-19 vaccinations. The ARP tax credi…
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person walking on a road in the sunlight around trees

Employers Must Find and Tell Laid-off Employees of Health Subsidies

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Before May 31, 2021, employers must notify certain former employees that they may be entitled to free health care coverage under recent federal legislation. The new law provides fully subsidized coverage through COBRA from April 1 through September 30, 2021 for employees who were laid off or lost their job-based health coverage due to reduced hours during t…
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amazon logo on a mobile samsung device

How the Union Analyzed Its Loss at Amazon

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The 71% to 29% loss by the union campaign at Amazon in Bessemer, Alabama, is the most well-publicized and significant union election of the decade. The union brought in outside groups to show their strength and solidarity, including churches, the NFL Players' Association, Black Lives Matter organizers, and national celebrities including Senator Bernie Sande…
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circle of stars, blue cloth

Biden Orders Creation of Pro-union Task Force

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In May, President Biden signed an executive order creating a task force to promote labor organizing as part of a push to strengthen unions. According to the White House, the Order will direct the task force to promote new ways of using the federal government's policies to encourage workers to organize and successfully bargain with employers. It will be led…
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