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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.

From the historic bronze doors at Los Angeles City Hall.

NLRB to Seek Rescission of past Discipline Imposed under Overbroad Employer Work Rules

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a memo issued during April, NLRB General Counsel Jennifer Abruzzo announced that when the NLRB seeks to rescind overbroad and thus illegal employer work rules, the NLRB will also address the effects of their enforcement, wiping away past discipline imposed under the policies.  She stated that otherwise, "As a result, the chill caused by an employer's m...
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dashcam

Do Drive Cam Cameras inside Trucks Violate Employee Rights?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
As a safety measure, many employers with driver employees have installed cameras inside the cab to alert drivers and monitor their safe driving practices, and potentially furnish defenses to the driver and the employer should accidents occur.  Some unions and activist groups have attacked such practices as violating employee rights, such as privacy concep...
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amazon app, mobile phone, table, indoors

Amazon Considers Risk When Investigating Employee Misconduct

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a legal conference in March, Amazon Corporate Counsel Lee Langston stated that aggressive enforcement actions of the NLRB have impacted its internal investigations, as such investigations "could theoretically touch on protected concerted activity."  Langston, who heads up internal investigations for the company's one million North American employees, s...
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Person signing a contract

Latest NLRB Attack Goes beyond Non-Compete Agreements to Reach Outside Employment

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An interesting article concludes that the NLRB is invalidating employer rules "one clause at a time."  On January 31, 2024, the NLRB's Division of Advice said that restricting employees from holding outside or secondary employment violates the Labor Act.  This position follows a May 2023 memo that said that non-compete agreements are unlawful because they...
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black lives matter painted on a wall

NLRB Board Addresses BLM Insignia at Work

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a February 21, 2024 ruling, the NLRB reversed an administrative law judge's conclusion that writing "Black Lives Matter" (BLM) on aprons was not protected, concerted activity, because it did not relate directly to the terms and conditions of employment or implicate concerted or group action among employees.  Home Depot USA, Inc. Case 18-CA-273796 (2/21...
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indoors, workplace

Walk-Around Rule Allowing Union Reps to Accompany Safety Inspectors to Go into Effect

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. Occupational Safety and Health Administration (OSHA) released its "Walk-Around Rule" in April, to take effect on May 31, 2024.  The final Rule states that "workers may authorize another employee to serve as a representative or select a non-employee."  The Rule says that the non-employee must be "reasonably necessary" to conduct an effective and t...
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paper crumpled up into a trash ball, indoors

Congress Rejects Joint Employer Rule, but Veto Expected

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Opposition to the new National Labor Relations Board (NLRB) Joint Employer Rule, which went into effect in March, continues to mount.  In April, the U.S. Senate joined the House and, in a 50-48 vote, rejected the Joint Employer Rule under the Congressional Review Act.  Sen. Joe Manchin (D - W. Va.) and independent Sens.  Kyrsten Sinema (Ariz.) and Angus K...
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gavel

Judge Invalidates Joint Employer Rule, and Independent Contractor Rule Takes Effect

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The National Labor Relations Board (NLRB) Joint Employer Regulation, which was set to take effect March 11, 2024, was invalidated by a Texas district court judge.  U.S. Chamber of Commerce v. NLRB, E.D. Tex. 3/8/24.  The rule affects liability and collective bargaining obligations, outsourcing of labor, and the entire franchise industry.  The Trump era Jo...
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balance of justice statue

The Importance of Fairness in Employment to the Law and to Job Satisfaction

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Some of you may have heard about disgruntled employees taping phone conversations of their discharge and mentioning them on social media to show the unfairness of their treatment.  It is a fact of fundamental human instinct that whatever the rights and wrongs of an employee's termination, the manner in which an employee is terminated or how they are treat...
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we the people, focus, document

Major Employers Challenge Constitutionality of Labor Act

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Amazon is the most recent major employer to challenge the constitutionality of the National Labor Relations Act (NLRB), joining Trader Joe's, Starbucks and SpaceX.  Elon Musk's company, SpaceX, first raised the constitutional issue in a Texas federal court in January.  A company announcement from Amazon stated: "NLRB proceedings violate Article III of the...
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starbucks drink on a table

Starbucks' Big Change in Labor Policies

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Starbucks' new public commitment to work with its union antagonists to resolve issues has been called a landmark in labor relations.  In an earlier December public announcement, the Starbucks President wrote a letter to the unions suggesting cooperation, and in late February, the company and the Starbucks Workers United announced they were beginning negot...
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