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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.

biden on the front of the new york times rolled up paper with rubber band

President Biden's Infrastructure Bill May Be Designed to Strengthen Organized Labor

| May 2021
President Biden is in the process of proposing his second multi-trillion bill, on infrastructure, with a third multi-trillion bill to follow thereafter. Unlike President Obama's infrastructure bills, however the infrastructure bill produced in April, called the American Jobs Plan, would require employers benefitting from an infusion of infrastructure funds…
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Politics Is Risky Business for CEOs

| May 2021
The above headline appeared in the Opinion section of the Wall Street Journal. The writer of the article, a former CEO of American Express, advises that executives should not take a company position on public-policy questions that do not directly affect their business. Among other things, the article points out that whatever political statements are made, i…
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Pro Act Suppresses Employee Right to Vote in Union Elections

| May 2021
This writer is from Georgia, where a recently passed state law has been accused by the media of discouraging voting by minorities. While this writer believes this claim is overstated at best, and false at worst, as evidenced by the fact that both Democrat activist Stacey Abrams and Republican former President Trump believe that recent elections in Georgia d…
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Importance and Effect of Rejection of Union by Amazon Workers

| May 2021
In the most closely watched union representation election in at least a decade, Amazon workers at its warehouse in Bessemer, Alabama, defeated the Retail, Wholesale and Department Store Union, with 1,798 no votes to only 738 yes votes, along with approximately 500 challenged ballots that will not be counted because it would not affect the results. Statistic…
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Stimulus Bill Measures That Affect Employment

| April 2021
The $1.9 trillion stimulus bill has significant effects on employment.  
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New Administration Fires EEOC General Counsel during Term of Office, Just like Top NLRB Lawyer

| April 2021
The Equal Employment Opportunity Commission (EEOC) and National Labor Relations Board (NLRB) are independent agencies within the Executive Branch of government, and no American President until President Biden has fired the General Counsel of these agencies during their term of office. Since the firing of the NLRB General Counsel, respondents in NLRB cases h…
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OSHA Responds to Executive Order with New Covid-19 National Emphasis Program

| April 2021
In a January 2021 Executive Order, President Biden directed the Occupational Safety and Health Administration (OSHA) to establish a COVID-19 National Emphasis Program and asked the agency to determine by March 15, 2021 whether to issue an Emergency Temporary Standard tailored to the pandemic.  A report from the Office of Inspector General of the Depart…
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Controversial Pro-union Pro Act Passed by House

| April 2021
The Protecting the Right to Organize Act (the PRO Act) has been a long-term goal of organized labor.  It previously passed the House of Representatives last year, but the Democrats never had sufficient power in the Senate to bring the bill to a vote there.  On March 9, 2021, the House voted 225-206 to pass H.R. 842, the PRO Act.   This Bill h…
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Joint Employer and Independent Contractor Regulations to Be Reviewed by the Biden Administration

| April 2021
On March 11, 2021, the Department of Labor (DOL) indicated it would review the previous Administration's worker classification regulation of determining independent contractor relationships.  The Wage and Hour Division will allow a 30-day comment period on its proposal to repeal the Trump rule, which had made it easier to classify workers as independen…
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Developments from Working from Home

| March 2021
In February of 2020, only 8% of the U.S. workforce did their job entirely from home.  As the pandemic took hold, that number increased to 35% in May, and the general movement to homework resulted in home workers working in less densely populated areas.  
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Other Biden Actions Show Dramatic Change towards Labor Issues

| March 2021
The Biden Administration has immediately moved to freeze pending Department of Labor (DOL) regulations that would make it easier to designate workers as independent contractors.  This rule was previously stated to take effect March 8, 2021.  A new and finalized similar rule from the Equal Employment Opportunity Commission (EEOC) has similarly been…
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