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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.

stopping a hand from touching
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) barred arbitration agreement provisions that required employees to arbitrate sexual assault/harassment claims.  Most thought this law would simply remove those particular claims from overbroad arbitration agreements while allowing other claims in the case to proceed t...
signed certificate
For more than 50 years federal contractors have had an obligation to create and maintain written affirmative action plans.  But many such contractors may not be aware of their legal obligations to do so.  The government, through its Office of Federal Contract Compliance Program (OFCCP), is responsible for the enforcement of the federal government's federa...
two medievel shields
Another area where employers need to review their policy terms relates to severance agreements.  Employers typically include in severance agreements broad confidentiality and non-disparagement provisions, and really don't want other employees or the public to know what they have paid to secure a severance agreement.  They also don't want former employees ...
construction crew on project outdoors
The Occupational Safety and Health Association (OSHA) has released its Top 10 violations of its rules for fiscal year 2022, and the top four all relate to the construction industry - fall protection general requirements, ladder safety, protecting workers on scaffolds, and training workers to avoid falls.  Those hazards not primarily related to constructio...
AI post it note
The use of artificial intelligence (AI) is becoming increasingly utilized, including matters pertaining to employment.  Perhaps the most common related use pertains to the screening of resumes and applications of job applicants.  Some employers have developed sophisticated AI computer algorithms designed to make hiring decisions.  The concept is admirable...
signing documents on a table, indoors
The National Labor Relations Board (NLRB) seems to be on a mission to make the life of employers more difficult.  The latest is a ruling prohibiting employers offering employees a severance agreement that prohibits them from making disparaging statements about the employer and from disclosing the terms of the severance agreement itself.  McLaren Macomb, 3...
person typing on a laptop indoors
Performance reviews have become increasing disfavored in recent years, but reports indicate that the vast majority of employers still do formal annual assessments.  As a matter of fact, a few of the companies that discontinued such assessments have brought them back.  But increasingly, employers are looking for other ways of providing feedback to employees.
surveilance caeras on outdoor wall
Back in 2018, ICE conducted a raid at a Tennessee meat packing plant, which was the largest workplace immigration raid in nearly a decade.  A lawsuit was filed following the raid at the Southeastern Provision facility in Bean Station, Tennessee, contending that the raid illegally targeted Latino workers, arguing that immigration officials used race as a p...
transgender blocks spelled out
The U.S. Supreme Court ruled in 2020 that transgender workers were protected by Title VII of the Civil Rights Act.  While the Civil Rights Act protects against discrimination, the Americans with Disabilities Act (ADA) not only protects against discrimination, but requires reasonable accommodations for disabled workers that do not constitute an undue hards...
biden president banner from 2020
The pro-labor and pro-union philosophy of President Biden is making its mark in anti-trust enforcement.  In a 2021 executive order dealing with promoting competition, special emphasis was given to anti-trust issues in labor.  In fact, the issues arising in labor markets was first of the anti-trust policy objectives in the anti-trust executive order.  The ...
paying for item, indoors, business
Everyone can feel the high inflation levels that have been plaguing the U.S. over recent months.  Recent data indicates the high inflation levels are cooling at least somewhat.  The U.S. Department of Labor (DOL) reported on January 31 that wage and benefit gains slowed in the second half of 2022, after touching the highest reading since current data coll...