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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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AI Hiring Bias Is New Focus of EEOC

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Equal Employment Opportunity Commission's (EEOC) Strategy Enforcement Plan for 2024-2028 published in the Federal Register last year specifically addresses discriminatory recruitment and hiring practices that involve an employer's use of Artificial Intelligence (AI) and machine learning to target, recruit, and screen potential applicants or make hiring…
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Keys to Address Employee Dissatisfaction and Activism

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
We are in a new age of employee dissatisfaction and activism.  There were critical labor shortages during the pandemic, and increased concerns about employer responses, and workers are increasingly asserting their rights and making demands upon their employers.  Public approval of labor organizations is at a new all-time high, and the public is increasingly…
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Labor Market Cool Down Leads to Lower Wage Gains

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Several Federal Reserve Bank surveys have reported that U.S. employers expect to hire less in 2024.  The Federal Reserve data shows that the government's efforts to slow growth and inflation filtered through into the economy.  It appears that the labor supply is coming back into better balance with demand.  The surveys indicate that wage expectations have n…
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Music at Work Claimed to Create a Hostile Environment

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
According to the Ninth Circuit Court of Appeals, sexually explicit music played in the workplace can create a hostile environment in violation of Title VII.  Harp v. S & S Activewear, LLC, 69 F. 4th 974.  Eight former employees (seven women and one man) charged the warehouse allowed "sexually graphic, violently misogynistic" music to be played loud such…
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Rounding Error: Eighth Circuit Invalidates Longstanding Rule on Timekeeping

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Fair Labor Standards Act (FLSA) is more than 80 years old, a legacy of the bricks-and-mortar, pencil-and-paper era.  One wouldn't expect it to hold many surprises.  But in Houston v. St. Luke's Health Systems, 75 F.4th 1175 (8th Cir. 2023), the U.S. Court of Appeals for the Eighth Circuit invalidated a longstanding regulation condoning rounding, 29 C.F…
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Wage and Hour Issues New, Old Rules for Classifying Workers as Employees or Independent Contractors

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On January 10, 2024 the U.S. Department of Labor (DOL) announced a final rule on classifying workers as employees or independent contractors for purposes of the Fair Labor Standards Act (FLSA).  These rules have been revised before: the rule just issued by the Biden Administration expressly rescinds the 2021 Independent Contractor Rule implemented during th…
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Things To Do in 2024

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
1. Update employee handbooks, including review of rules the Labor Board may consider overbroad and thus unfair labor practices. 2. Update reasonable accommodation policies, particularly as regards to new pregnancy-related laws and religious accommodation rulings. 3. Make sure appropriate person in each facility is designated to receive FMLA requests and h…
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NLRB Judge Issues First Cemex Bargaining Order

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An NLRB administrative law judge (ALJ) in late September issued the first bargaining order under the Board's new Cemex standard.   Y.N.S.A., Inc. v. UFCW Local 1445.  While the ALJ ruling can be appealed to the Board, the case sends a clear message to management that a new doctrine has been implemented.  The company had refused to recognize the union, which…
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EEOC Issues Guidance on New Pregnant Workers Fairness Act

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
On August 11, 2023, the EEOC issued a Notice of Proposed Rulemaking to implement the Pregnant Workers Fairness Act (PWFA).  The new law officially went into effect on June 27, 2023, for organizations with 15 or more workers.  In general, employers will be expected to make reasonable accommodations for the "known limitations" of applicants and employees who…
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Federal Agencies Issue Regulatory Agenda for New Employment Rules

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Several labor agencies, including the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), the Occupational Safety and Health Administration (OSHA), and the National Labor Relations Board (NLRB), published their regulatory agenda for 2024.  EEOC's regulatory agenda includes the following priorities:
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In Spite of Government Efforts to Limit Independent Contractors, Record Numbers Turn to Gig Work

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
It is well known that numerous government agencies have an agenda to classify all workers as employees, instead of as independent contractors.  There are numerous reasons for this approach, one being that independent contractors do not have the protections of the employment laws, and cannot form unions, and the government may feel it has more difficulties c…
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