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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.

Mercedes

Union Momentum in Southern Organizing Chilled by Mercedes Vote

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Unions have been on a "roll" in recent months, seemingly winning big strikes and major organizing campaigns.  The United Auto Workers (UAW) is one of the leaders of this momentum, winning a major strike against the "Big Three" automakers and winning a union vote at Volkswagen in Chattanooga, Tennessee recently.  Most predicted this momentum would continue i…
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Supplement – Child Labor

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
This is an update on the situation involving a child labor issue at a poultry plant in Alabama.  There was a "raid" with a civil search warrant on May 1, 2024, by the Department of Labor (DOL).  The DOL investigators claimed to have uncovered a number of minor children working in violation of the child labor laws and claimed the company was liable for these…
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chevron gas station

What Is the Practical Effect of the Supreme Court Overruling Chevron Doctrine Deferring to Agency Interpretations?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In the 6-3 decision of the Supreme Court in Loper Bright Enterprises v. Raimondo (6/28/24), the Court stated that the Chevron decision improperly transferred the power to interpret the law from the judiciary to federal agencies.  "Chevron was a judicial invention that required judges to disregard their statutory duties," Chief Justice John Roberts wrote.  H…
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texas flag

NLRB Joint Employment Rule Invalidated by Texas Federal Court

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Congress passed a law in both Houses under the Congressional Review Act to reject the new National Labor Relations Board (NLRB) Joint Employer Rule, but President Biden vetoed that bill.  However, on March 8, 2024, just days before the effective date of the new rule, a district court in Texas found the rule to be arbitrary and capricious, and thus invalid. …
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gaza on a map

Confusion over Employment and Campus Gaza Protests

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
While the death of George Floyd ignited one round of protest, the Gaza situation has created another such round of protest.  As a general rule, it is often said that "political" protests by employees do not implicate the discrimination laws, but the situation is far from clear.  For example, a current case is pending appeal before the Fifth Circuit Court of…
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pendulum

Pendulum Shifting as to Whether Employers Should Take Position on Political/Social Issues

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Some polls suggest that many employees desire their employers to take public positions on political/social issues.  As a result, employers in recent years have increasingly taken such positions.  However, employees, customers, shareholders, and the public often take different views on such issues.  
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filing cabinet handle

EEOC Sues Employers for Failing to File EEO-1 Reports

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a new "first," the EEOC has sued more than a dozen employers for not filing required reports that include the racial and sexual makeup of their workforce.  So far, the EEOC has brought at least 15 lawsuits in a number of federal courts alleging that the defendant employers failed to file the mandatory EEO-1 reports in 2021 and 2022.  Private sector emplo…
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submitting ballot into box

UAW Union Loses Momentum by Losing Secret Ballot Election at Mercedes Alabama Plants

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The United Auto Workers (UAW) was once arguably the most powerful union in the U.S. Each of the "Big Three" U.S. car manufacturers were UAW. Subsequent developments changed that picture. First, unionized auto manufacturers began subcontracting more of their operations to non-union facilities. Second, foreign auto manufacturers began to build plants in the U…
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you belong quilt

Effect on DEI Programs of Muldrow Decision

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Muldrow decision will likely result in more charges of discrimination being filed, and such concepts can impact DEI programs.  For example, DEI mentoring programs or employer-sponsored affinity groups only offered to employees based on certain protected traits, and excluding others, are technically now open to attack under the Muldrow concept.  A plaint…
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Employers Face Coming Deadlines on Raising Salary Levels for Overtime Exemption

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. Department of Labor (DOL) announced a final rule to take effect on July 1, 2024, raising the salary levels necessary for the so-called "white collar" overtime exemptions.  The exemption pertains to "executive, administrative, and professional" employees, and uses a three-part test that requires an employee to be salaried, make more than a certain a…
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computer chart

FTC Non-Compete Rule Has an Uncertain Future Concerning Its September 4 Effective Date

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Many lawsuits have been filed against the Federal Trade Commission (FTC) non-compete rule which is effective 120 days following its May 7, 2024 publication in the Federal Register that will likely delay its effective date pending a final ruling on its legality.  It is important to know the important particulars of the rule, so employers can properly plan fo…
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