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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.

FAST FOOD DEMONSTRATIONS RESULT IN EFFORTS TO FIND LIABILITY ON FRANCHISORS AND OTHER ALLEGED JOINT EMPLOYERS

| October 2014
In recent years there has been a campaign among fast food workers, particularly those employed by McDonald's franchisees, to demand "$15.00 and a union" and the results are leading to changes in the legal environment. Demonstrations were held in as many as 150 cities across the U.S. in September, and in some cases the fast food workers walked off their jo...
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OSHA ANNOUNCES NEW REQUIREMENTS FOR REPORTING SEVERE INJURIES AND UPDATES LIST OF INDUSTRIES EXEMPT FROM RECORD-KEEPING REQUIREMENTS

| November 2014
The Occupational Safety and Health Administration recently announced a final rule requiring employers to notify OSHA in the event of an on-the-job fatality or work-related hospitalization, amputation or loss of an eye. The new rule also updates the list of employers partially exempt from OSHA record-keeping requirements. These rules apply effective Jan. 1...
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EEOC LAWSUIT CHALLENGES STANDARD SEVERANCE AGREEMENT PROVISIONS AS UNLAWFUL TITLE VII VIOLATIONS

| November 2014
A pattern or practice lawsuit has been filed by the Equal Employment Opportunity Commission ("EEOC") against CVS Pharmacy contending that what most consider to be standard severance provisions in a release agreement are actually violations of Title VII. EEOC v. CVS Pharmacy, Inc., No. 1:14-CV-863-JWD (E.D. Ill.). The release provisions primarily pertain t...
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WHILE A SMALL MAJORITY OF AMERICANS FAVOR UNIONS, A MUCH LARGER MAJORITY WOULD VOTE FOR A RIGHT-TO-WORK LAW

| November 2014
An interesting and recent Gallup poll conducted in August shows how the American public feels about labor unions, and also about right-to-work (RTW) laws. The poll shows that 53% of Americans approve of labor unions, a figure similar to other union ratings in recent years. The record low approval rating for unions was 48% in 2009. In contrast, the poll r...
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EEOC ISSUES NEW PREGNANCY DISCRIMINATION GUIDELINES AND FACT SHEETS FOR BUSINESS

| December 2014
For the first time since 1983, the Equal Employment Opportunity Commission (EEOC) has issued comprehensive guidance on how employers must treat pregnant employees and applicants. The controversial guidance was passed by the EEOC commissioners on a vote of 3-2, with two of the commissioners indicating that the guidance went beyond applicable legal preceden...
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WILL REPUBLICAN GAINS BREAK CONGRESSIONAL GRIDLOCK?

| December 2014
The Republican gains in the November elections were indeed impressive, the most talked-about gain being that of a likely 9 Senate seats so that the new Senate will likely have a 54-46 Republican majority. The gains in the House of Representatives were at least 12 seats to something like a 247-188 Republican majority. Together, the election gave the Republ...
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EMPLOYERS CAN NO LONGER REIMBURSE EMPLOYEES FOR THE COST OF INDIVIDUAL HEALTH INSURANCE COVERAGE

| January 2015
Some employers have not provided group health coverage to some or all of their employees. Instead of providing group health coverage, some of these employers have chosen to reimburse employees for the cost of individual coverage that those employees purchased directly from insurance companies. Prior to 2014, the IRS permitted employers to reimburse employ...
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PRESIDENT OBAMA’S UNILATERAL IMMIGRATION PLAN CREATES A CONFRONTATION WITH CONGRESS

| January 2015
On November 20, 2014, President Obama in an address to the nation announced his immigration plans to defer deportation for as many as 5 million immigrants in the country illegally. He announced that his unilateral action is necessary because the Republican-led House of Representatives has failed to pass a Senate-approved immigration plan for more than a y...
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NLRB OPENS UP EMPLOYER EMAIL SYSTEM TO UNION ORGANIZING

| January 2015
On December 11, 2014, the NLRB overruled its previous doctrine set forth in Register Guard, and ruled that employees have a Section 7 right to use their employer’s email system for union organizing purposes during their non-working time. Purple Communications, 361 NLRB No. 126 (December 11, 2014). In its 3-2 ruling, with the two Republican members d...
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NLRB PUSHES A ITS QUICKIE ELECTION RULE PRIOR TO REPUBLICAN TAKEOVER OF CONGRESS

| January 2015
On December 15, 2014, the NLRB adopted as a final rule its "quickie election" process for union elections. The new rule will take effect on April 14, 2015. The changes include the following: After the union files a representation petition, a hearing on the petition will be scheduled eight (8) days after hearing notice is served. The non-petitioning par...
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EMPLOYERS CAN NO LONGER REIMBURSE EMPLOYEES FOR THE COST OF INDIVIDUAL HEALTH INSURANCE COVERAGE

| March 2015
Some employers have not provided group health coverage to some or all of their employees. Instead of providing group health coverage, some of these employers have chosen to reimburse employees for the cost of individual coverage that those employees purchased directly from insurance companies. Prior to 2014, the IRS permitted employers to reimburse employ...
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