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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.

person kneeling outside with a yellow smoke stick

Employer Confronted with Worker "Taking A Knee"

| October 2020
The controversial subject of professional football players "taking a knee" during the National Anthem has now expanded to the workplace.  In a recent case, an employer was confronted with an African-American employee protesting his employer's alleged racial mistreatment by taking a knee during a meeting.  A supervisor asked the plaintiff to step...
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haiti

TPS Status to End for Immigrants from Four Countries

| October 2020
A decision from a divided U.S. Court of Appeals for the Ninth Circuit will end protection for about 300,000 persons who have been living in the U.S. with a Temporary Protected Status (TPS), as to immigrants from Haiti, Sudan, Nicaragua, and El Salvador.  Ramos et al. v. Wolf et al., No. 18-16981 (C.A. 9, 9/14/20). 
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washington dc congress building at night

Trump's Federal Unemployment Supplement Runs Dry as Congressional Compromise in Doubt

| October 2020
In the absence of a Congressional compromise on additional pandemic federal funding, in August President Trump extended an extra $300.00 per week from the federal government to most unemployment compensation recipients, but the funding has now run out and will not extend beyond the week that ended September 5, 2020.  The Administration is supposedly ...
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now hiring sign outside by grass lawn

New DOL Joint Employer Rule Rejected in Court

| October 2020
Almost every employer of substantial size deals with contractors of some type, with the most common application being temporary staffing, janitorial services, franchisee-franchisor arrangements, and others.  Under the Department of Labor (DOL) enforcement guidance during the Obama Administration, the guidance expanded the application of the "joint em...
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coronavirus letters over a black background

Use of COVID-19 Liability Waivers and Related Approaches

| October 2020
Some reports indicate that employees have filed almost 600 COVID-19-related lawsuits against their employers.  As a result, about a dozen states, including Georgia, have passed laws attempting to provide some liability protection from COVID-19 liability.  Georgia's law provides that an employer or other business entities may post a warning at it...
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social media icons on a phone on a table

NLRB Rules Broader Restrictions in Social Media Policies are Lawful

| September 2020
Employers have long sought to limit adverse comments about the employer, its management, and coworkers, with limitations in handbook and social media policies.  Many of these restrictions have been successfully challenged by employees or unions on the grounds they restrict legitimate "protected or concerted" activities under the National Labor Relati...
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fresh food ingredients on the table

EEOC Approves Incentives for Worker Wellness Plans

| September 2020
On June 11, 2020, the EEOC commissioners voted 2-1 to move forward with a Notice of Proposed Rulemaking (NPRM) for wellness programs.  The EEOC did not actually publish the NPRM and adoption of a final rule is a long way off, in terms of time and procedural steps that must be completed along the way, but the discussion at the June 11 public hearing p...
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Several States Pass Protection to Employers from Virus Lawsuits, and Federal Legislation Also Proposed

Several States Pass Protection to Employers from Virus Lawsuits, and Federal Legislation Also Proposed

| August 2020
The State of Georgia has joined several other states in legislation protecting employers from liability related to the Coronavirus.  The Governor is expected to sign the law, thus adding Georgia to Louisiana, North Carolina, Oklahoma, Utah and Wyoming having such protection.  The Georgia law would shield employers, healthcare providers and other...
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Cultural Sensitivity in Wording Now a Legal Necessity

Cultural Sensitivity in Wording Now a Legal Necessity

| August 2020
While many oppose the concept of "political correctness," in some senses it is now a legal necessity.  And what is deemed culturally sensitive seems to be changing, sometimes in controversial ways. While many oppose the concept of "political correctness," in some senses it is now a legal necessity.  And what is deemed culturally sensitive s...
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protesters with resist sign

Employers Increasingly Have To Deal with Walkouts and Other Protests Over Pandemic and Racial Issues

| August 2020
Off-duty issues and activities, and their impact at the workplace, seem to be growing today.  Social media protests have increased since the Black Lives Matter movement has intensified, and pandemic issues are not abating.  Often, both as a practical and legal matter, these issues cannot be kept out of the workplace.Off-duty issues and activitie...
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wood Law gavel

High Court Expands Religious Rights in Various Ways

| August 2020
A trilogy of U.S. Supreme Court rulings have expanded religious rights, with one of the rulings pertaining to most private employers.  In Little Sisters of the Poor v. Pennsylvania, the Court ruled that the Trump Administration had the right to exempt employers that raised religious or moral objections to the Affordable Care Act (ACA) prior requireme...
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