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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.

Federal Building
Mr. Biden has stated he intends to be the most "pro-union President ever."  However, the process is going to be slow at the NLRB since Republicans currently enjoy a 3-1 majority, and the first Republican seat to expire will occur in August 2021.  The next Republican seat does not become vacant until 2022, and so the Republicans will still have a...
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President Trump issued 196 Executive Orders through late October and Obama issued 295.  Many of Trump's Executive Orders attempted to limit regulation, however, rather than expand it.  Mr. Biden reportedly plans to issue numerous Executive Orders on his very first day in office, January 20, 2021. 
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The first and most obvious area of compromise involves dealing with the pandemic.  Both parties support additional pandemic relief, including stimulus spending.  Republicans want less than $1 trillion, while Democrats want more than $2 trillion.  Controversial portions of any compromise include Republican demands for some protection for bus...
federal building
President-Elect Biden not only is considered the most moderate of all the Democratic candidates for President, but he has a history of deal-making, including deals with Senate Majority Leader Mitch McConnell, that suggests compromise may be possible.  The new Democratic senators in States that flipped, Colorado and Arizona, ran as Centrist Democrats,...
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We have previously published an Alert entitled "Report on Election Results, Analysis, and Consequences," but this newsletter is updated and includes more emphasis on the consequences of the election as to policy and legislation.  President-Elect Biden will very likely try to assume a role as a "deal-maker," and he has a history of working with Senate...
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Republicans have done their best to maintain their majority at the Equal Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) regardless of November's election results.  In September, two Republicans and one Democrat were confirmed to the EEOC in separate votes.  Confirmation of the three new Commissioners provides the EEO...
seats in a political building
As the election approaches, employees are taking an increasing interest in political issues.  Corporate America traditionally has avoided speaking out on political issues, but now it is becoming more common to do so.  Indeed, some surveys indicate that a majority of employees expect and want their employers to speak out on social and political i...
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Moderator Chris Wallace asked President Trump during the Presidential debate why he directed federal agencies to end racial-sensitivity training that addresses white privilege or critical race theory.  President Trump answered: "I ended it because it's racist." 
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Many businesses adopt an independent contractor method of utilizing workers, including the construction industry, portions of the trucking industry, franchisors, and most of the Gig economy.  Since the employment laws, minimum wage and overtime rules, various forms of legal liability, are generally not applicable to independent contractor relationshi...
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Uber and Lyft threatened to suspend their passenger operations in California in late August over a new California law that requires companies to treat workers as employees rather than independent contractors if they contribute to the usual course of business.  Uber and Lyft, both based in California, who have large operations in that state, argue tha...
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The U.S. Court of Appeals for the Fourth Circuit has joined the Eleventh Circuit in ruling that prohibiting a transgender student's ability to use bathrooms that match his gender identity violate Title IX and equal protection under the U.S. Constitution.  Grimm v. Gloucester Cty. Sch. Bd., No. 19-01952 (4th Cir., 8/26/20).  The U.S. Supreme Cour...