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.

Employers Caught in the Middle for Attacks on DEI Programs

August 28, 2023 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

As a result of the Supreme Court ruling on affirmative action in college admissions, employers seem to be caught in the middle in the debate over those in favor of or opposed to diversity, equity, and inclusion (DEI) programs that may go too far. There have been lawsuits, shareholder letters and petitions to the Equal Employment Opportunity Commission (E...

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Big Labor Is Front Page

August 28, 2023 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Big labor is flexing its muscles, and the nation should be concerned. While the most pro-union President in history touts organized labor as good national policy, the effects of this policy show the dangers. Let's look at actions over the last few months as large parts of our national economy were almost shut down over a potential dock workers strike, a...

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NLRB Sets Forth New Standard for Judging Legality of Handbook and Other Employer Policies

August 28, 2023 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Employers have been long awaiting the Biden National Labor Relations Board's (NLRB's) view of what types of employer handbook and other policies are lawful, and what types are overbroad and thus unlawful. On August 2, 2023, the Board announced the new Biden NLRB policies in Stericycle, Inc., adopting a new legal standard to decide whether an employer's w...

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DOL Requires New Wage-Hour Notice to Be Posted at Workplaces

August 02, 2023 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

A new Department of Labor (DOL) Fair Labor Standards Act (FLSA) poster is now required which adds the requirements of the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act). The April 2023 version of the poster must be used to be legally compliant. You can access this new poster by going to: https://www.dol.gov/agencies/whd/pos...

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Businesses Providing Expressive or Artistic Services Not Required to Provide Such Services to Same-sex Customers

August 02, 2023 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Supreme Court Says Forcing Expressive Designs That Communicate Messages Violates the First Amendment In a case in which a website designer refused to make wedding websites for LGBTQ couples, the Supreme Court's 6-3 majority ruled that the First Amendment bars the government from forcing the designer to create expressive designs that communicate messages ...

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Supreme Court Changes Standard for Religious Accommodations to Persons Refusing Sunday Work

August 02, 2023 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

In Groff v. DeJoy (No. 22-174, June 29, 2023), the Supreme Court addressed a Christian who rejected Sunday work with the Postal Service due to his faith. He received progressive discipline for failing to work on Sundays, and eventually resigned. He sued under Title VII, contending that the Postal Service could accommodate his Sunday Sabbath practices "w...

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Pregnant Workers Fairness Act Is in Effect, and Also Requires Reasonable Accommodation

August 02, 2023 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The expanded rights for pregnant individuals will be similar to those qualified individuals with disabilities under the ADA. Under the PWFA, such individuals only have to show that they require reasonable accommodation due to a physical or mental condition related to pregnancy/c...

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Court Says Employers May Sue for Damages Where Union Fails to Take Reasonable Precautions to Protect Employer's Property from Eminent Danger due to Strike

August 02, 2023 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The U.S. Supreme Court on June 1, 2023, ruled that the Labor Act does not protect strikers who fail to take "reasonable precautions" to protect their employer's property from foreseeable, aggravated and imminent danger due to the sudden cessation of work. Glacier Northwest, Inc. v. Teamsters Local 174, Case No. 21-1449. The union called the strike to st...

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Affirmative Action Ruling Could Impact Employers

August 02, 2023 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The Supreme Court affirmative action ruling (Students for Fair Admissions, Inc. V. President and Fellows of Harvard College, No. 20-1119 (June 29, 2023)) is likely to have an impact on private industry affirmative action programs, even though the case itself involved the equal protection clause of the Fourteenth Amendment and admission policies at univers...

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What Employers Need to Know about AI

July 11, 2023 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

This writer cannot recall a subject that has dominated the news in recent months like AI. Although this writer is not attuned to modern technology, he nevertheless believes that AI is for real and is going to be as important as computers and cell phones. But there is a lot to learn, and this article is hopefully a good overview.

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Labor Board Now Attacking Most Non-Compete Agreements

July 11, 2023 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

As this newsletter has often stated, almost every month the National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo comes out with some controversial and unprecedented NLRB position. On May 30, 2023, she announced that the NLRB would consider most non-compete agreements to violate federal labor law, with only extremely narrow exceptions. ...

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