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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.

safety meeting inside warehouse
The Occupational Safety and Health Administration (OSHA) has issued an Instruction effective April 8, 2022, establishing a National Emphasis Program (NEP) for Outdoor and Indoor Heat-Related Hazards.  This program has been implemented pending OSHA's pursuit of a health rule governing indoor and outdoor work which it announced about eight months ago, taking…
shield on the wall
The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers to issue notices to employees that there are options to continue healthcare coverage at their own expense following their termination or certain reductions in work hours. While applicable rules set forth the requirements of such notices, COBRA provisions also include a potential f…
Women's rights protest outside of the US Supreme Court in the wake of the Roe vs. Wade majority opinion being leaked.
The media has been full of information about a leaked draft of a majority opinion from the U.S. Supreme Court, suggesting that the Court will overturn Roe v. Wade, the 50-year-old decision that makes abortion a constitutional right until the fetus becomes viable.  Should this opinion be issued, the result is that state law will take precedence.  Ironically…
nurse working on a computer inside a hospital
Employer-run health plans must learn to use newly available hospital price data to determine fair prices or they could face legal action from plan members.
passport
As of May 1, 2022, employers should not accept expired List B documents (e.g., driver's license) as proof of identity for purposes of Form I-9. If employers completed Form I-9 between May 1, 2020, and April 30, 2022, using an expired List B document, employers need to update Form I-9 with an unexpired document from List A or List B by July 31, 2022.  If th…
irs documents piled with a pen, indoors
The IRS has issued proposed regulations to require that "affordability" of health plans be based on the cost of coverage for not only the employee (as provided under current regulations) but also the employee's family members.  The proposed regulations would allow family members who pay more than 10% of income for coverage to receive premium tax credits to…
amazon pickups and returns sign, outside of building
In early April, an employee-led labor organization was the first to unionize an Amazon warehouse.  The employee-led group that won, however, was not a traditional labor union.  It is called the Amazon Labor Union, a volunteer organizing operation among current or former Amazon warehouse employees with no formal ties to existing unions.  The employee-led gro…
group of people laboring outdoors, silhouette
The current Administration, led by President Biden's promise to be the most pro-union Administration in history, continues in its efforts to change the rules so that unions become more widespread.  The President's appointed National Labor Relations Board (NLRB) General Counsel, Jennifer Abruzzo, plans to change the rules of union organizing not by law or re…
hourglass indoors
The above subject is No. 1 on many employers' lists, and Harvard Business Review in recent years surveyed young workers to understand how employers can improve engagement and retention in a wide variety of industries.  The survey found that the job satisfaction survey was driven in large part by how they thought their manager treated them.  Being treated fa…
lady at a computer, indoors
There is a reason why more than half of U.S. companies have adopted individual arbitration and class action waivers to resolve worker complaints as an alternative to litigating in court.  Civil rights groups cite certain studies showing that employees prevail only about a third as often in mandatory arbitration as in federal courts, and the damages awarded…
union sign, outside
Probably the most radical change in policy with the new Administration pertains to the National Labor Relations Board (NLRB) and other related Administration initiatives involving organized labor.  In January a report was issued by President Biden's Taskforce on Worker Organizing and Empowerment.  The mission is seeking to expand worker and union rights.  M…