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.

Starbucks Formally Accuses the NLRB of Collusion with Unions

November 18, 2022 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

As set forth in this newsletter recently, Starbucks has been the subject of a corporate campaign by unions to organize Starbucks employees and in the process claim the employer is a law violator and bad employer. In late August, Starbucks took an incredibly bold move publicly accusing the National Labor Relations Board (NLRB) of secretly colluding with t...

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Administration Announces New DACA Rule

November 18, 2022 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The Deferred Action for Childhood Arrival Programs (DACA), begun in 2012, offers the ability to work legally to some 600,000 undocumented persons who came to the U.S. as children. The Obama-era rule has been under legal attack and a court in Texas ruled the program was illegal and barred the federal government from accepting new applicants, although it p...

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Labor Board Expands Employee Rights to Wear Pro-Union Shirts at Work

October 04, 2022 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The National Labor Relations Board (NLRB) with its new Democrat majority, issued a major ruling on August 29, 2022, expanding employee rights to wear pro-union shirts and the like at work. "Wearing union insignia, whether a button or a t-shirt, is a critical form of protected communication," NLRB Chairman McFerran said in a statement. "For many decades,...

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Union Approval at 57-year High

October 04, 2022 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Union approval was at its all-time high around the end of World War II, but then began a long-term decline, but recently is rising again. In August, a Gallup poll showed that public approval of labor unions reached 71% in 2022. This is the highest level since 1965. Some say recent labor activity in the wake of the coronavirus, particularly at certain w...

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Use of Light-Duty Work Only for Compensable Injuries Upheld

October 04, 2022 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Many employers offer light-duty programs which are primarily designed to lower the cost of workers' compensation claims. Such programs create controversial issues as to whether pregnant females or those with disabilities should have access to such programs, even though they are not related to on-the-job injuries.

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Wimberly & Lawson Secures Injunction for Its Clients in Federal Contractor Vaccine Mandate Case

October 04, 2022 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

Wimberly & Lawson represented the Associated Builders & Contractors (ABC) in securing an injunction against the enforcement of President Biden's Federal Contractor Vaccine Mandate. While the District Court had issued a nationwide injunction, the Eleventh Circuit Court of Appeals narrowed the injunction to include only members of ABC and the state...

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NLRB Issues Proposed Rule on Joint Employment

October 04, 2022 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The long-awaited proposed rule from the National Labor Relations Board (NLRB) addressing joint employment was published on September 6, 2022. The rule proposes to rescind the Trump-era 2020 final NLRB rule. The new rule rejects the Trump-era rule provisions requiring: (1) that a putative joint employer "actually" exercise control; (2) that such control ...

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Considerations for Employers Dealing with Abortion Issues

September 09, 2022 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

The Supreme Court decision in Dobbs v. Jackson Women's Health on June 24, 2022, returned abortion issues to the states, allowing each state to "address abortion as it pleases." It is expected that approximately half of the states will pass some type of state laws prohibiting abortion totally or partially, although some of these state laws may at least be...

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With Inflation High, Union Wages Not Keeping Up

September 09, 2022 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

For the past year, compensation for workers with non-union jobs is rising faster than those represented by a union. Wages for non-union workers rose 6%, compared to 3.4% for those in unions.

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EEOC Issues Study about the Effect of Requesting Pay Data from Employers

September 09, 2022 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

A July study was released about the effect of the race and gender pay data the Equal Employment Opportunity Commission (EEOC) collected from employers in 2019 and 2020. The pay data collection was added as a "Component 2" of the EEOC's annual diversity report known as the EEO-1. The EEO-1 form describes a workforce's race, sex and ethnic makeup.

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What You Should Know about Recent EEOC Covid-19 Guidance

September 09, 2022 | Employment Law Newsletter: A Monthly Report On Labor Law Issues

On July 12, 2022, the EEOC announced new guidance concerning COVID-19. The most important change is that the prior guidance stated that conducting mandatory work site COVID-19 testing always met the Americans' with Disabilities Act (ADA) standard that any mandatory medical test be "job-related and consistent with business necessity." The new guidance st...

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