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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.

EEOC SETS FORTH ITS STRATEGIC ENFORCEMENT PLAN

| March 2013
The EEOC in late December sets forth its strategic enforcement plan for 2013-2016. The Commission has identified priorities for national enforcement including issues that would have broad impact, issues involving developing areas of the law, issues affecting workers who may lack an awareness of their legal protections, and issues that may be best addresse...
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WIMBERLY & LAWSON COMMENTS

| March 2013
The issue in the Noel Canning case will likely end up in the U.S. Supreme Court. The President will argue that he is unable to fulfill his chief constitutional obligation to “take care that the laws be faithfully executed,” or that the interpretation could even pose national security risks. The court answered this issue by stating that if Cong...
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NEW POSTER REQUIRED BY FAMILY MEDICAL LEAVE ACT (FMLA)

| April 2013
There is a new poster required by the Family and Medical Leave Act (FMLA) that must be posted as of March 8, 2013. Among other things, the new poster includes changes to FMLA leave matters relating to Military Family Leave and Military Caregiver leave. As with the prior poster, notice must be displayed in “a conspicuous place where employees and app...
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CONFIDENTIALITY REQUIREMENTS FOR MEDICAL INQUIRIES

| April 2013
Both the ADA and the Genetic Information Non-Discrimination Act (GINA) have confidentiality requirements. Some of the requirements relate to activities lawful under the ADA, but not under GINA. The ADA focuses on actual conditions, while GINA focuses on genetic information that may never develop into a condition. An example of the difference is the situa...
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EMPLOYERS SHOULD USE NEW FORM I-9

| April 2013
On March 8, 2013, the government issued a new and revised Form I-9 with a revision date of 03/08/13.Employers should begin using this new form immediately. Employers who do not use the new form on or after May 7, 2013 will be subject to penalties imposed by federal law. Here are a few reminders and highlights: • Section 1 of Form I-9 must be comple...
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HEALTHCARE PLANS DEVELOPING AND UNRAVELING- ONE ATTORNEY’S OPINION

| April 2013
Both employers and labor unions are starting to see the effects of Obamacare kicking in, and adjusting their plans accordingly. Many stark realities are now becoming apparent that may not have been anticipated. First, Obamacare really did not really address healthcare costs, which continue to increase. As a matter of fact, there are new estimates from th...
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ADVANCE PREPARATION OF SECTION 1 BY ELECTRONIC I-9 PROGRAMS IS PROHIBITED

ADVANCE PREPARATION OF SECTION 1 BY ELECTRONIC I-9 PROGRAMS IS PROHIBITED

| June 2013
On April 11, 2013, the American Immigration Lawyers Association Verification and Documentation Liaison Committee held a meeting with officials from the Immigration and Customs Enforcement (ICE) HSI Worksite Enforcement Unit. One of the issues discussed was the advance preparation of Section 1 of the I-9 form by electronic I-9 programs. This is an importan...
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GET READY FOR OSHA’S NEW HAZCOMM RULES TRAINING DEADLINE: DECEMBER 1, 2013

| June 2013
By December 1, 2013, U.S. employers must be ready to comply with new hazard communications (“HazComm”) standards. The new rules bring the United States into alignment with other countries that have signed onto the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). They replace and expand upon OS...
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NLRB CLARIFIES ITS POSITION ON EMPLOYMENT AT-WILL EMPLOYMENT POLICIES

| June 2013
Employers have long been warned that they must include at-will employment language in their employment policies, in order to preclude an employee from claiming that the employer’s employee handbook or other personnel policies constituted an enforceable contract. These provisions are often written by lawyers and referred to as “disclaimers.&rdq...
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NEW "SILENT RAIDS" CONDUCTED BY ICE

| September 2013
According to published reports, the U.S. Immigration Customs Enforcement Agency ("ICE") has sent out some 1,000 notices of immigration audits across the U.S. The large number of notices during September is apparently tied to the close of the end of the government's fiscal year on September 30. The government refuses to release the names of the companies b...
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AFL-CIO TO FORM RELATIONSHIPS WITH OUTSIDE GROUPS

| September 2013
Union membership in the U.S. continues to dwindle, with the percentage of American workers in unions dropping to 11%, and less than 7% in the private sector. The decline in organized labor continues in spite of a very pro-union administration in power, and a favorable NLRB. Apparently, the AFL-CIO has now concluded that it cannot achieve gains in organize...
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