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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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Another New Federal Law Bans Non-Disclosure Clauses and Non-disparagement Clauses in Sexual Harassment Agreements prior to the Dispute

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Another new law, known as The Speak Out Now Act, was signed into law by President Biden on December 7, 2022.  It supplements a prior law known as the Ending of Forced Arbitration of Sexual Assault and Sexual Harassment Act, which prohibits mandatory arbitration for sexual harassment and sexual assault disputes, that President Biden signed earlier in 2022.  
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Designing an Active Shooter Plan

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Various online resources are available to design an active shooter plan, including the FBI Active Shooter Resources (https://www.fbi.gov/about/partnerships/office-of-partner-engagement/active-shooter-resources) web page and the U.S. Department of Homeland Security's Active Shooter: How to Respond booklet (https://www.dhs.gov/xlibrary/assets/active_shooter...
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Compliance Issues Overwhelm HR Departments

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Recent studies suggest that regulatory and legal compliance takes more than half of the time of HR departments. One of the greatest attributes any HR official can have is the ability to anticipate legal and compliance issues so that they can be addressed, either by talking to others in the organization or outside counsel. One way to deal with HR personnel...
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The Assault on Employers’ Right to Remain Union-Free

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
This article can more properly be described as an editorial, but the writer honestly believes the accuracy of the above statement.  The extent of unionization in the private sector has declined from approximately 35% at the end of World War II, to the 6% range that exists today.  Unions contend that it is impossible for them to gain representation under t...
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Anti-Trust Enforcement of Labor Market Collusion & Pay Equity Are Becoming More Important

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In 2016, the Department of Justice (DOJ) shifted its policy to criminally prosecute employers and executives that enter into wage-fixing or no-poach agreements with other employers.  President Biden issued an Executive Order in 2021 that encouraged the DOJ and the Federal Trade Commission (FTC) to broaden enforcement against "wage collusion" and other unl...
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Controversy Is Brewing over the Legality of Abortion Travel Benefits

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An extremely interesting issue has arisen over whether employers can be charged with discrimination by providing abortion travel benefits.  One of the EEOC commissioners has instituted a rarely used Agency procedure to initiate discrimination investigations involving at least three companies over their providing abortion travel benefits to employees.  The...
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Recent Administration Efforts Support More Union Power

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
President Biden, the most pro-union President in history, continues his agenda at the National Labor Relations Board (NLRB), both in NLRB decisions, proposed decisions, and proposed new regulations.  
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What Mid-term Elections Mean for Legislative and Regulatory Agenda

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Most predictions were for Republicans to gain over 20 seats in the U.S. House of Representatives, and polls just prior to the elections suggested that they could even regain the Senate.  The polls got it wrong again, and this time the actual result favored the Democrats.  Democrats have won 50 seats in the Senate, and thus can control the outcome there wi...
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EEOC Releases New Required EEO Poster

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers are required to post many types of notices in the workplace, some required by federal law, and some by the various state laws.  Notices are generally required to be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted.  The EEOC offers ready-to-print posters and it is important to use...
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Updated CDC Guidance on Covid-19 Shifts Focus Away from Employer

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Centers for Disease Control (CDC) has modified its guidance on preventing transmission of COVID-19.  The main thrust of the guidance is to shift the emphasis to individuals.  However, the CDC still recommends that organizations improve building ventilation, and include using HEPA filters, opening windows to bring in outdoor air and turning on fans to ...
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DOL Proposes New Independent Contractor Rule Limiting Contractor Status and Rescinding Trump Rule

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In January 2021, the Department of Labor (DOL) during the Trump Administration published a rule titled "Independent Contractor Status Under the Fair Labor Standards Act" (IC Rule) providing guidance on the classification of independent contractors in any industry.  In 2021, the IC Rule identified five economic reality factors to guide the inquiry.  Two of...
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