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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.

black lives matter painted on a wall

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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indoors, workplace

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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paper crumpled up into a trash ball, indoors

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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gavel

Judge Invalidates Joint Employer Rule, and Independent Contractor Rule Takes Effect

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The National Labor Relations Board (NLRB) Joint Employer Regulation, which was set to take effect March 11, 2024, was invalidated by a Texas district court judge.  U.S. Chamber of Commerce v. NLRB, E.D. Tex. 3/8/24.  The rule affects liability and collective bargaining obligations, outsourcing of labor, and the entire franchise industry.  The Trump era Join…
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balance of justice statue

The Importance of Fairness in Employment to the Law and to Job Satisfaction

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Some of you may have heard about disgruntled employees taping phone conversations of their discharge and mentioning them on social media to show the unfairness of their treatment.  It is a fact of fundamental human instinct that whatever the rights and wrongs of an employee's termination, the manner in which an employee is terminated or how they are treated…
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we the people, focus, document

Major Employers Challenge Constitutionality of Labor Act

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Amazon is the most recent major employer to challenge the constitutionality of the National Labor Relations Act (NLRB), joining Trader Joe's, Starbucks and SpaceX.  Elon Musk's company, SpaceX, first raised the constitutional issue in a Texas federal court in January.  A company announcement from Amazon stated: "NLRB proceedings violate Article III of the U…
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starbucks drink on a table

Starbucks' Big Change in Labor Policies

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Starbucks' new public commitment to work with its union antagonists to resolve issues has been called a landmark in labor relations.  In an earlier December public announcement, the Starbucks President wrote a letter to the unions suggesting cooperation, and in late February, the company and the Starbucks Workers United announced they were beginning negotia…
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smiling blocks

Judge Orders Survey Data to Be Revealed from Employer EEO-1 Reports

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers are supposed to file annually the EEO-1, Standard Form 100, with the U.S. Department of Labor (DOL).  This requirement applies to private employers of 100 or more employees and to federal contractors who have at least 50 employees and hold a federal contract worth at least $50,000.  In the Obama Administration, the Equal Employment Opportunity Com…
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person staning next to someone in a wheelchair, outdoors

"No-Fault" Attendance Policy Upheld against Disability Claims

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers continue to be confused about how to handle absences related to disabilities, as to applying their "no-fault" attendance policies.  No-fault attendance policies do not generally consider the reason for an absence, except for certain statutory exceptions, like FMLA, and consider simply the absence from work as resulting in points under their point…
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person holding up a hand, stop, indoors

NLRB Issues First Unfair Labor Practice Complaint against Non-Competes and Training Repayment

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The General Counsel of the National Labor Relations Board (NLRB), former union lawyer Jennifer Abruzzo, continues to attempt to expand the application of the Labor Act to cover everyday employment policies.  The latest attack comes through an unfair labor practice complaint issued against a spa alleging it illegally made workers sign various contracts, incl…
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ftc front door

Department of Justice's Anti-trust Division Announces Anti-trust Compliance Programs Include Training for Human Resources

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
There is relatively recent increased attention from government enforcement authorities of anti-trust issues affecting human resource professionals.  In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued their Anti-Trust Guidance for Human Resource Professionals.  At the same time, they issued Anti-Trust Red Flags for Employm…
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