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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.

EFFECT OF OBAMA VETO OF CONGRESSIONAL OVERTURN OF QUICKIE ELECTION RULE

| June 2015
During March, for only the second time in history, both Houses of Congress approved a resolution under the Congressional Review Act disapproving the controversial "quickie" or "ambush" union election rule. The Senate adopted the disapproval resolution of the NLRB action on March 4 by vote of 53-46, and the House passed an additional measure on March 19 by...
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RELIGIOUS ACCOMMODATIONS

| July 2015
In June, a reasonable accommodation issue arose in the religious context in EEOC v. Abercrombie & Fitch Stores, Inc., 2015 WL 2464053 (June 1, 2015). The Court addressed the interesting question whether the prohibition of refusing to hire an applicant in order to avoid accommodating a religious practice applies only where an applicant has informed the...
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OSHA TAKES CONTROVERSIAL POSITIONS ON TOILET ISSUES AT WORK

| July 2015
Many employers may not realize that the Occupational Safety and Health Administration (OSHA) regulates in some ways the use of toilet facilities at work. There are at least three important issues, the number of toilets, access to toilets, and now, the even more controversial issue of transgender bathroom access. There are OSHA general industry requiremen...
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SUPREME COURT TO EXAMINE PROPRIETY OF CERTIFICATION OF BROAD CLASS/COLLECTIVE ACTIONS DETERMINING BROAD BACK PAY REMEDIES IN WAGE/HOUR CASES

| July 2015
In a case in which Wimberly & Lawson filed an amicus brief on behalf of the National Chicken Council, the U.S. Supreme Court has granted certiorari and will rule on a case involving the propriety of broad class/collective actions in wage/hour cases where broad back pay remedies are sought. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. On Monday, June ...
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FIRST MONTH'S EFFECTS OF QUICKIE UNION ELECTION RULE

| July 2015
The NLRB "quickie" or "ambush" election rule went into effect on April 14. Its effects are already being seen. The median time interval from the filing of an election petition to the holding of the election has been reduced to 23 days. Specifically, in the case of directed-election cases (as opposed to stipulated elections), the elections took place 23 da...
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WHAT THE SUPREME COURT’S GAY MARRIAGE DECISION MEANS FOR EMPLOYERS

| August 2015
On June 26, 2015, a narrow majority (5-4) of the Supreme Court ruled that same-sex couples have a constitutional right to marry. While some States already had recognized such marriages, the Supreme Court ruled that all States must issue marriage licenses to same-sex couples on the same basis as opposite-sex couples and must recognize the marriages of same...
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NEW LABOR DEPARTMENT GUIDANCE AS TO DETERMINATION OF WORKER OR INDEPENDENT CONTRACTOR CLASSIFICATION

| September 2015
Without employment status, persons generally cannot organize a union, pursue employment litigation, or have employment taxes taken out of their paychecks.  But unions, plaintiffs’ litigators, and of course the U.S. government, like employment status for tax, enforcement, and other reasons. On July 15 of this year, the U.S. Department of Labor ...
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SUPREME COURT ALLOWS EMPLOYER TO REDUCE RETIREE HEALTHCARE BENEFITS

| September 2015
Many employers provide healthcare benefits not only for active employees, but also for retirees.  While pension benefits are normally thought of as vested, by and large employers have a great degree of leeway to design health and welfare plans according to their own wishes.  However, once the welfare plan is written, courts will enforce the term...
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FIRST TRANSGENDER, NEXT TRANSRACIAL?

| September 2015
In light of the government's effort to provide protected status to transgender persons, and to require employers to honor an individual's choice as to what sex they wish to identify with, one wonders about recent "transracial" issues that arose concerning former NAACP Spokane Chapter President Rachel Dolezal.  Dolezal resigned on June 15 amid controv...
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EMPLOYER SURVIVES CHALLENGE THAT ITS SEVERANCE PLAN WAIVERS WERE INVALID, NOT MEETING REQUIREMENTS OF GROUP WAIVERS

| November 2015
The Age Discrimination in Employment Act (ADEA) contains various protective provisions governing the binding nature of a settlement or waiver of a potential age discrimination claim.  The ADEA is somewhat unique in setting forth additional requirements that are not necessary for a settlement or waiver to be binding in any other discrimination claims,...
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EXECUTIVE ORDER ON MANDATORY SICK LEAVE FOR FEDERAL CONTRACTORS

| November 2015
In celebration of Labor Day, President Obama on September 7, 2015 announced an Executive Order requiring federal contractors to provide minimum amounts of paid sick leave to their employees.  This rule follows others, such as the $10.10 mandatory minimum wage, that make a broad statement but apply only to employers who do business with the federal go...
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