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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.

Marijuana

Do Employer Rules Regarding Marijuana Need To Change In Light Of The New Presidential Executive Order?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On December 18, 2025, President Trump issued an executive order entitled “Increasing Medical Marijuana and Cannabidiol Research.”  The executive order primarily deals with the medical use of marijuana, but goes on to note that marijuana is currently controlled under Schedule I of the Control Substances Act, the most serious category.  In 2023, the Departmen…
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scales of justice

Effect of Administration’s Abandonment of Disparate Impact in the Area of Discrimination Continues to Be Felt

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In April 2025, the Administration ordered federal agencies to cease enforcement of a legal theory known as “disparate impact,” a neutral policy applicable to all, that disproportionately harms members of a particular race, sex, or other protected category like disability or age.  These theories were often used, for example, in cases involving employee selec…
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timeclock

Issues Arise for Employers Concerning the Overtime Tax Break

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The new Administration’s tax law lets most workers deduct up to $12,500 of the “half” of the “time-and-a-half” of federal overtime income this year through 2028.  However, the benefit does not apply to Social Security and Medicare taxes.  Payroll systems will need to be programmed for 2026 to track the relevant income so that it can be reported.  The Intern…
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chairs

NLRB To Move Quickly as Quorum Is Restored

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. Senate on December 19, 2025, confirmed two nominees to give the National Labor Relations Board (NLRB) the minimum number needed to regain a quorum and thus to resolve cases.  The NLRB has been unable to issue decisions during Trump’s second term because his firing of member Gwynne Wilcox dropped the Board below the three-member minimum necessary fo…
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starbucks sign

Developments with Starbucks Strike

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The union at Starbucks, Starbucks Workers United, has become frustrated that it has not been able to negotiate (on its desired terms, of course) a collective bargaining agreement with any Starbucks location.  The union has been in negotiations with Starbucks for more than 18 months.  Although technically each location has its own negotiations, the union has…
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ai?

Some Employers Are Encouraging Workers to Use AI

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
A number of companies are reportedly providing bonuses to employees as an encouragement to use Artificial Intelligence (AI) at work.  IBM is among the firms that are paying cash, awarding points or other incentives to encourage the adoption of AI.  At Brez, payouts range from $150 for small scale efforts to thousands of dollars for those with high impact. …
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virtual meeting

Dangers of Transcribing E-Meetings

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
One effect of AI in its transcription services has been to expand the use of recording meetings and even phone-call transcriptions.  Zoom meeting calls are particularly often attended by AI transcription.  There are dangers to such use.  
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international flags

TPS Update (As of 12/15/2025)

| 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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american flag

EEOC Issues New Guidance on National Origin Discrimination

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On November 19, 2025, the EEOC released new guidance affirming EEOC Chair Andrea Lucas’s commitment in advancing robust enforcement and awareness around national origin discrimination and anti-American bias.  The EEOC announced in a press release that many employers have policies and practices preferring illegal aliens, migrant workers, or non-immigrant gue…
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files stacked

Issues Regarding Employee Access to Their Personnel Files

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers have varied practices regarding what materials to add to employee personnel files, but such materials generally include on-boarding documents, acknowledgments of certain policies such as handbooks, verification of participation in training, benefit elections, absentee records, and disciplinary records.  Some 19 states have laws that provide curren…
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electronic devices

Issues of Employer Access to Employees’ Personal Devices Such as Cell Phones, Etc

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Many employers have not adequately considered that business-related communications exist on personal employees’ cell phones and other devices, and to what extent they have access to such information.  It is not uncommon for employees including managers and supervisors to use their personal devices for work purposes.  It creates intellectual property issues…
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