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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

How President-Elect Biden and the Likely Senate Republican Majority Affect Policy-Making

| December 2020
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, w…
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casting a ballot into a box

Consequences of Election Results (Updated)

| December 2020
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 M…
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presidential election map

Administration Attempts to Maintain GOP Majority at NLRB and EEOC Regardless of Election Results

| November 2020
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 EEOC…
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seats in a political building

Keeping Politics Out of the Workplace is Difficult

| November 2020
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 iss…
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Black Lives Matter Banner

Reverse Discrimination Issues Emerge in Black Lives Matter Debate

| November 2020
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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paint roller painting a white wall blue

Department of Labor Propose Independent Contractor Rule that Would Benefit Business

| November 2020
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 relationships…
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toy cars with lyft and uber

Uber and Others Threaten to Leave California Over Independent Contractor Rules

| October 2020
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 that…
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wooden restrooms sign

Supplying "Sex Neutral" Bathroom Insufficient

| October 2020
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 Court…
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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 i…
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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 lo…
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