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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.

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Jury Brings Back a $3 Million Verdict for Failure to Accommodate Remote Work

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
One of the most common areas of litigation under the Americans With Disabilities Act (ADA) relate to workers who request to work remotely as a reasonable accommodation for some type of disability.  While employers appear to be winning a majority of these lawsuits, there are some notable exceptions.
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Workplace Investigations Largely Shut down, but Courts Remain Open during Shutdown for Now

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Investigations into labor and employment matters will largely cease as the Department of Labor (DOL), the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC) have very limited operations during the funding freeze.  Neither unfair labor practices charges at the NLRB nor discrimination charges at the EEOC will be proce…
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Fifth Circuit Federal Court Has Upheld Injunctions against NLRB Proceedings

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On August 19, 2025, the Fifth Circuit Court of Appeals upheld preliminary injunctions against complaint proceedings before the National Labor Relations Board (NLRB).  The court held that plaintiffs will likely prevail in their arguments that protections limiting the President’s removal powers over administrative law judges (ALJs) and Board members violate t…
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Trump No Longer to Defend Worker Non-compete FTC Rule, but FTC Issues Warnings about Non-competes

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
During the Biden presidency, the Federal Trade Commission (FTC) adopted a non-compete rule in 2024 that would have barred the use of most non-compete contracts.  Former FTC Chair Lina Khan considered the non-compete ban was within the FTC’s mandate to prevent the use of unfair methods of competition.  The rule was later challenged by the U.S. Chamber of Com…
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Company Intranet Policies Raise Legal Issues

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Many companies like the comradery interest created on company intranets.  The idea is to share workplace news and give workers a platform to speak about them.  However, controversial postings can create difficult legal issues and other controversy.
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NLRB Down to One Sitting Member

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
For just the second time in the National Labor Relations Board’s 90-year history, it is down to one sitting member after Board Chair Marvin Kaplan’s term expired recently.  The Board currently only has a single Democratic NLRB member, David Prouty, appointed by President Biden, and four empty seats. 
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Does AI Help in Selecting New Hires?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An increasing number of employers use some form of Artificial Intelligence (AI) in their employee hiring process.  As a result, some employers indicate that their hiring process has improved in areas such as retention.  Some believe that using AI reduces the chance of employment discrimination, but plaintiff groups indicate that AI hiring selection processe…
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TPS Update (As of 9/22/2025)

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Trump Administration has acted to terminate TPS status for several countries. Of course, litigation has followed each notice of termination.  However, if the Trump Administration continues to follow the law, these terminations will be upheld because the Secretary of Homeland Security has vast discretion to terminate TPS status and courts do not have aut…
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Trump Nominates Appointments to NLRB and EEOC but Policy Changes Likely to Be Delayed

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
President Trump has nominated Boeing Chief Labor Counsel Scott Mayer, and long-time NLRB official James Murphy, for positions on the National Labor Relations Board (NLRB or Board).  However, the Board’s current Chairman, Marvin Kaplan, has a term expiring in August, so there will be another seat on the five-member NLRB to fill at that time.  Although the cr…
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DOL Launches Self-Audit Programs Designed to Help Employers Improve Compliance

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On July 24, 2025, the U.S. Department of Labor (DOL) announced several programs designed to help employers and others voluntarily assess and improve their compliance, reducing the likelihood of formal investigation or litigation.  The Employee Benefits Security Administration (EBSA) offers two self-correction programs for fiduciaries and benefits plan admin…
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DOL Must Release EEO-1 Reports to the Public under Open Records Laws

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
EEO-1 reports, also known as Standard Form 100, are required annually from employers of 100 or more employees and of federal contractor workforces.  The reports state the number of employees, job categories and demographic makeup of workforces, providing data about employee diversity.  In July, a federal appeals court ruled that DOL must release thousands o…
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