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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.

you are lying, note
Employers have to make a lot of decisions in the workplace, including the famous “he said-she said” issue involving the investigation of sex harassment cases.  Even common rule violations situations require employers to interview witnesses, and in some cases making credibility determinations as to which witnesses are telling the truth.  
transgender spelled out in cubes
Newly appointed EEOC Chairperson Lucas dissented from portions of the Biden Administration’s earlier EEOC Harassment Guidance requiring protections for transgender workers, and also portions of the Pregnant Workers Fairness Act (PWFA) that require companies to reasonably accommodate employees who choose to have an abortion.  Although the EEOC currently lack…
group of people, outdoors, night
The normal issue in a disparate treatment discrimination case is whether “the defendant intentionally discriminated against the plaintiff.”  Usually, the plaintiff in these cases is some type of “minority,” but many courts began to apply the concept that when members of a majority group sue, they must show “background circumstances to support the suspicion…
racial equality, printed, typewriter
In an extremely important development, on April 23, 2025, President Trump issued an executive order declaring:  “It is the policy of the United States to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible.”  This theory of liability sprung from a 1971 ruling of the U.S. Supreme Court in Griggs v. Duke Power Co. ru…
heat visual
The U.S. Occupational Safety and Health Administration (OSHA) announced that it is moving forward on a public hearing over the Biden-Era heat rule.  Some wish that the heat rule proposed during the Biden Administration would simply go away, but others feel that moving forward on the proposed heat rule would be better than leaving it in the hands of another…
checkmark
E-Verify+ is a new tool that streamlines the employment eligibility verification process for employers and new hires. 
colored paint patterns
Guidance from the United States Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued on March 19, 2025, have some suggestions as to how those agencies view the most common DEI programs.  This review summarizes the Guidance and the implications that come from the Guidance as well as the President's executive orders as to…
clouds, birds migrating
In a recent survey, 55% of responding employers ranked the scrutiny of Diversity, Equity and Inclusion (DEI) programs as a top issue, while 75% found the immigration policy changes to be on the list.  Over half of the respondents indicated they were considering further changes in their DEI programs in response to Trump’s executive orders.  The main concerns…
a painted of a different looking people
In the Guidance from the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) released March 19, 2025, the government warned against unlawful DEI- related discrimination.  Included in the Guidance is a one-page technical assistance document, “What To Do If You Experience Discrimination Related To DEI At Work.”  There is a secon…
seating, indoors, government building
Occasionally, Immigration & Customs Enforcement (ICE) agents, or those from other state and local agencies, come to an employer’s facility asking to meet with one of more employees.  The crucial issue is the extent to which agents can make entry with or without an arrest warrant, as someone at the employer’s premises must make a decision to allow or ref…
irst woman jury, Los Angeles
Fairness is a fundamental human instinct.  For example, whatever the rights and wrongs of an employee’s firing, the manner in which the employee is fired may seem unfair, as few things matter more to people than fairness.  While people differ over what counts as a right outcome, they can usually agree on what makes for a fair process.