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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.

paint roller painting a white wall blue
Many businesses adopt an independent contractor method of utilizing workers, including the construction industry, portions of the trucking industry, franchisors, and most of the Gig economy.  Since the employment laws, minimum wage and overtime rules, various forms of legal liability, are generally not applicable to independent contractor relationships…
toy cars with lyft and uber
Uber and Lyft threatened to suspend their passenger operations in California in late August over a new California law that requires companies to treat workers as employees rather than independent contractors if they contribute to the usual course of business.  Uber and Lyft, both based in California, who have large operations in that state, argue that…
wooden restrooms sign
The U.S. Court of Appeals for the Fourth Circuit has joined the Eleventh Circuit in ruling that prohibiting a transgender student's ability to use bathrooms that match his gender identity violate Title IX and equal protection under the U.S. Constitution.  Grimm v. Gloucester Cty. Sch. Bd., No. 19-01952 (4th Cir., 8/26/20).  The U.S. Supreme Court…
person kneeling outside with a yellow smoke stick
The controversial subject of professional football players "taking a knee" during the National Anthem has now expanded to the workplace.  In a recent case, an employer was confronted with an African-American employee protesting his employer's alleged racial mistreatment by taking a knee during a meeting.  A supervisor asked the plaintiff to step i…
haiti
A decision from a divided U.S. Court of Appeals for the Ninth Circuit will end protection for about 300,000 persons who have been living in the U.S. with a Temporary Protected Status (TPS), as to immigrants from Haiti, Sudan, Nicaragua, and El Salvador.  Ramos et al. v. Wolf et al., No. 18-16981 (C.A. 9, 9/14/20). 
washington dc congress building at night
In the absence of a Congressional compromise on additional pandemic federal funding, in August President Trump extended an extra $300.00 per week from the federal government to most unemployment compensation recipients, but the funding has now run out and will not extend beyond the week that ended September 5, 2020.  The Administration is supposedly lo…
now hiring sign outside by grass lawn
Almost every employer of substantial size deals with contractors of some type, with the most common application being temporary staffing, janitorial services, franchisee-franchisor arrangements, and others.  Under the Department of Labor (DOL) enforcement guidance during the Obama Administration, the guidance expanded the application of the "joint empl…
coronavirus letters over a black background
Some reports indicate that employees have filed almost 600 COVID-19-related lawsuits against their employers.  As a result, about a dozen states, including Georgia, have passed laws attempting to provide some liability protection from COVID-19 liability.  Georgia's law provides that an employer or other business entities may post a warning at its…
social media icons on a phone on a table
Employers have long sought to limit adverse comments about the employer, its management, and coworkers, with limitations in handbook and social media policies.  Many of these restrictions have been successfully challenged by employees or unions on the grounds they restrict legitimate "protected or concerted" activities under the National Labor Relation…
fresh food ingredients on the table
On June 11, 2020, the EEOC commissioners voted 2-1 to move forward with a Notice of Proposed Rulemaking (NPRM) for wellness programs.  The EEOC did not actually publish the NPRM and adoption of a final rule is a long way off, in terms of time and procedural steps that must be completed along the way, but the discussion at the June 11 public hearing pro…
Several States Pass Protection to Employers from Virus Lawsuits, and Federal Legislation Also Proposed
The State of Georgia has joined several other states in legislation protecting employers from liability related to the Coronavirus.  The Governor is expected to sign the law, thus adding Georgia to Louisiana, North Carolina, Oklahoma, Utah and Wyoming having such protection.  The Georgia law would shield employers, healthcare providers and other e…