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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.

paying for item, indoors, business

Pay Gains Are Shrinking

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Everyone can feel the high inflation levels that have been plaguing the U.S. over recent months.  Recent data indicates the high inflation levels are cooling at least somewhat.  The U.S. Department of Labor (DOL) reported on January 31 that wage and benefit gains slowed in the second half of 2022, after touching the highest reading since current data coll...
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notebook, pencil

Recent Ruling Limits At-Will Provisions of Employee Handbook

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Most employers have employee handbooks, and most employers have done a pretty good job of including at-will statements therein and statements that the handbook does not constitute a contract of employment.  However, a recent decision of the Alabama Supreme Court has alarmed many employers as to the sufficiency of their handbook provisions.  Davis v. City ...
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bee hive, outdoors

If You Have a Company Intranet Site, Read This

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Many employers have company non-public intranet sites allowing employees to communicate with the company and each other on matters of interest.  A recent National Labor Relations Board (NLRB) decision involving Lush Cosmetics discusses problems with its intranet site called the "Hive."  Lush Cosmetics, LLC, 372 NLRB No. 54 (Feb. 10, 2023).  
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covid 19 virus, concept

Benefit Adjustments When COVID-19 Emergency Ends

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The Biden administration has announced that the COVID-19 emergency will end May 11, 2023.  Employers should prepare now for changes that will occur after the emergency declaration ends.
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holding a be the good mug, indoors

No Good Deed Goes Unpunished... but Sometimes the Do-gooder Is Vindicated

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. Court of Appeals for the Eleventh Circuit just held - shock alert! - that paying an employee more than is legally required does not violate the Fair Labor Standards Act.  This should seem obvious, but apparently it wasn't, until now.
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federal trade commission building

The Good, the Bad and the Ugly about the FTC Proposed Banning of Non-compete Agreements

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The "bad" is that on January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that would ban most non-compete agreements with limited exceptions, assuming the rule becomes final in its present form. The federal rule would not only ban non-competes but also "de facto" non-competes, which the FTC said could include other types of contracts such a...
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breastfeeding mother

Pregnant Workers Must Now Be Accommodated, and Another New Law Extends Rules Regarding Expressing Milk

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
A couple of new laws were passed by Congress at the end of the year that have not been widely publicized.  The Pregnant Workers Fairness Act (PWFA) was passed as an amendment to the $1.7 trillion government funding bill.  This law takes effect on June 27, 2023. Specifically, the PWFA would require employers with 15 or more workers to grant temporary and r...
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do no enter sign

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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person pointing a hand gun

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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human resouces meeting indoors

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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skyscraper, sky with clouds

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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