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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.

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Settlement Agreement Wording Can Determine Tax Treatment

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
A settlement agreement of a discrimination case can be instrumental in determining its tax treatment.  First, any portion of the settlement agreement is tax exempt to the extent it is for a “personal physical injury” under Internal Revenue Code § 104(a)(2).  For that reason, settlement agreements should make mention of any such personal injuries, as tax exe…
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Employers Should Be Careful in the Wording of Their Cobra Notices

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers should be aware that the federal COBRA law requires employers with 20 or more employees to allow workers to temporarily continue their health coverage after they have been terminated or experienced a qualifying event.  The statute requires employers to notify workers of their COBRA rights, dictates what information must be included, and when the n…
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Federal Circuit Court Upholds Claim against DEI Training

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In June, the U.S. Supreme Court ruled that federal equal opportunity protection laws apply equally to all workers regardless of race, gender, and other protected characteristics.  Ames v. Ohio Department of Youth Services. 
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Employers Should Be Careful Charging Smokers Extra for Health Coverage

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Federal law allows employer-sponsored health plans to charge smokers a penalty, but the plan will violate the Employee Retirement Income Security Act (ERISA) if those workers are not given a reasonable alternative to avoid paying the fee.  One such alternative is participating in a smoker cessation program that complies with certain legal requirements.  D…
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The Issue of Black Worker’s Use of Anti-black Racial Slur

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An employer recently successfully defended a lawsuit where the plaintiff claimed the discrimination laws “effectively enshrine a right for any person to use any slur which applies to their own protected characteristic in the workplace.”  The plaintiff argued that the term “has cultural significance for African-Americans and is a word that has a different co…
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Employer Asked Applicants to Swear They Are Not Going to Leave

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers have been reading about the use of non-compete agreements and the like, and are increasingly concerned as to their use.  One interesting practice is developing among the financial industry in New York, with major financial firms asking junior bankers to confirm their loyalty on a regular basis in an effort to limit leaving to go to other talent-hu…
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The Low-hire, Low-fire Economy

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Federal Reserve Chair Jerome Powell said in early October that:   “You’ve got a low-firing, low-hiring environment.”  He goes on to say that if layoffs are seen, “That could very quickly flow into higher unemployment.”  The current jobless rate is at 4.3%, but there are a growing number of people unable to leave their jobs or are underemployed.  Further, em…
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Employers Sued for Not Meeting EEO-1 Reporting Obligations

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
During 2024, for the first time, the EEOC filed some 18 lawsuits against employers who did not file EEO-1 reports.  Employers with 100 or more employees and federal contractors with 50 or more employees are required to file EEO-1 reports annually.  
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Health Insurance Cost Increases Cause Employers to Look for Alternatives

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Wall Street Journal reports that U.S. businesses are facing the biggest health-insurance cost increases in 15 years or more.  Costs for employer coverage are expected to go up about 9.5% in 2026.  The recent average is around $25,500 for a family plan.  Employers are trying to adjust by changing plan designs, or pushing more costs to employees.  Others…
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Changes in Tax Rules on Tips and Overtime

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Beginning for tax year 2025, there is a new deduction whereby filers can deduct up to $25,000 of their tips for those taking standard deductions and for those who itemize, even if they are self-employed.  For non-employees, qualified tips are deductible only to the extent gross income from the sole proprietor’s business, including tips, exceed deductions fr…
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The EEOC Re-establishes Quorum, While Some Trump Picks Are Confirmed by Senate

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On October 7, 2025, the U.S. Senate confirmed a number of nominees appointed by President Trump to various employment agencies.  The vote was 51-47.
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