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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.

Supreme Court Lowers Harm Necessary for Employee to Sustain Discrimination Claim

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. Supreme Court has made it easier for employees to show some harm that is based on discrimination to constitute a legal claim.  Muldrow v. City of St. Louis, No. 22-193 (4/17/24).  The case involved a lawsuit by a female police sergeant who claimed she was unlawfully transferred from the intelligence division to a less prestigious patrol position be…
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EEO Data Reporting Due in June

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Beginning April 30, 2024, contractors with at least 50 employees, and most private employers with 100 or more employees, are required to file their 2023 EEO-1 Component 1 reports, which comprise workforce demographic data, separated by job category, sex, and race or ethnicity.  The reporting structure has undergone minor changes and the EEOC has published a…
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Controversial New EEOC Harassment Guidance in Effect

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final Guidance on harassment in the workplace: "Enforcement Guidance on Harassment in the Workplace."  The EEOC says its new Guidance updates, consolidates and replaces the Agency's five Guidance documents issued between 1987 and 1999, and serves as a single, unified agency res…
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Final EEOC Pregnant Workers Rule Effective on June 18, 2024

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
When Congress passed the Pregnant Workers Fairness Act (PWFA), which has been in effect since June 27, 2023, it directed the EEOC to issue implementing regulations and provide examples of reasonable accommodations.  On April 15, 2024, the EEOC published its 408-page final rule and interpretive guidance, with the final rule to take effect on June 18, 2024.  
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NLRB to Seek Rescission of past Discipline Imposed under Overbroad Employer Work Rules

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a memo issued during April, NLRB General Counsel Jennifer Abruzzo announced that when the NLRB seeks to rescind overbroad and thus illegal employer work rules, the NLRB will also address the effects of their enforcement, wiping away past discipline imposed under the policies.  She stated that otherwise, "As a result, the chill caused by an employer's mai…
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Do Drive Cam Cameras inside Trucks Violate Employee Rights?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
As a safety measure, many employers with driver employees have installed cameras inside the cab to alert drivers and monitor their safe driving practices, and potentially furnish defenses to the driver and the employer should accidents occur.  Some unions and activist groups have attacked such practices as violating employee rights, such as privacy concepts…
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Amazon Considers Risk When Investigating Employee Misconduct

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a legal conference in March, Amazon Corporate Counsel Lee Langston stated that aggressive enforcement actions of the NLRB have impacted its internal investigations, as such investigations "could theoretically touch on protected concerted activity."  Langston, who heads up internal investigations for the company's one million North American employees, say…
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Latest NLRB Attack Goes beyond Non-Compete Agreements to Reach Outside Employment

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An interesting article concludes that the NLRB is invalidating employer rules "one clause at a time."  On January 31, 2024, the NLRB's Division of Advice said that restricting employees from holding outside or secondary employment violates the Labor Act.  This position follows a May 2023 memo that said that non-compete agreements are unlawful because they a…
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NLRB Board Addresses BLM Insignia at Work

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a February 21, 2024 ruling, the NLRB reversed an administrative law judge's conclusion that writing "Black Lives Matter" (BLM) on aprons was not protected, concerted activity, because it did not relate directly to the terms and conditions of employment or implicate concerted or group action among employees.  Home Depot USA, Inc. Case 18-CA-273796 (2/21/2…
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Walk-Around Rule Allowing Union Reps to Accompany Safety Inspectors to Go into Effect

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. Occupational Safety and Health Administration (OSHA) released its "Walk-Around Rule" in April, to take effect on May 31, 2024.  The final Rule states that "workers may authorize another employee to serve as a representative or select a non-employee."  The Rule says that the non-employee must be "reasonably necessary" to conduct an effective and tho…
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Congress Rejects Joint Employer Rule, but Veto Expected

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Opposition to the new National Labor Relations Board (NLRB) Joint Employer Rule, which went into effect in March, continues to mount.  In April, the U.S. Senate joined the House and, in a 50-48 vote, rejected the Joint Employer Rule under the Congressional Review Act.  Sen. Joe Manchin (D - W. Va.) and independent Sens.  Kyrsten Sinema (Ariz.) and Angus Kin…
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