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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.

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Supreme Court Rejects Efforts to Discontinue DACA Program

| August 2020
The issue of undocumented immigrants brought into this country as children has long been a controversial one.  Although technically unauthorized, President Obama during his term implemented the Deferred Action for Childhood Arrivals Program (DACA), which in essence indicated that the government would not enforce laws against persons brought into this...
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New Rule for Calculating OVERTIME for Fluctuating Workweeks

| July 2020
We all know (or learn) that not everything in life can be carefully planned.  For example, some weeks an employer may need a worker for just 30 hours, but in another week may need them to put in 50 hours.  The Fair Labor Standards Act (FLSA) has long provided employers with the option to pay nonexempt employees whose hours vary on a salary basis...
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Federal Appeals Court Finds Lawful Discharge of an Employee Bringing Baseless Harassment Claim

| July 2020
According to the Sixth Circuit Court of Appeals, the U.S. Army's decision to fire a civilian employee because it found her repeated complaints of harassment baseless, does not violate the federal discrimination laws.  Carrethers v. McCarthy, 2020 BL 198271 (5/28/20).  The employer had assigned an investigator, who concluded that it was "extremel...
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Defenses to Employers from Employee Claiming Infection of the Coronavirus on the Job

| July 2020
Employers, along with other establishments all across the country, fear operating under circumstances where employees may claim they became sick with COVID-19 by contracting the Coronavirus at work.  In most states, outside of certain healthcare workers, the federal and state executive orders do not grant any immunity to employers from such claims.&n...
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EEOC Postpones Collection of EEO-1 Data for 2019

| June 2020
On May 7, 2020, the Equal Employment Opportunity Commission (EEOC) announced that it was postponing the collection of EEO-1 data due to the Coronavirus.  The EEO-1 report, which normally applies to employers with at least 100 employees, would have been required to be filed by March 2020, for the 2019 report.  The 2019 report is now not due until...
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What Liability do Businesses Face Related to the Pandemic?

| June 2020
Whether American employers are reducing their workforces in response to the pandemic, or re-opening and/or expanding their workforce, numerous liability issues exist.  This article discusses the types of liability issues most likely to result in litigation against employers.
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Lessons in Applying The Pregnancy Act to Light Duty Jobs

| June 2020
Many employers limit light duty jobs to workers who have suffered work-related injuries.  However, a new case out of the Eleventh Circuit tells us that the employer that fails to offer these light duty jobs to pregnant employees with medical restrictions risks being liable for discrimination.  Durham v. Rural/Metro Corp., 18-14687 (11th Cir., 4/...
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Plaintiff's Attorney AVENATTI Convicted of Extortion

| May 2020
While an employer may state publicly or privately that the plaintiff's demands were "extortion," it is extremely rare for a plaintiff's attorney to be convicted of such an offense.  Well, this just happened to a plaintiff's attorney, a high-profile one at that, Michael Avenatti, who rose to national prominence as the attorney for adult-film actress S...
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Traps to Avoid in Obtaining Paycheck Protection Program (PPP) Loan Forgiveness

| May 2020
The PPP allows certain employers (primarily those with less than 500 employees) to obtain low cost (1% interest), short-term (2 years) financing from the federal government for certain operating expenses consisting of payroll costs, interest on certain loans (not principal), rent on real and personal property, and certain utilities.
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DOL Issues Temporary Regulations to Implement Emergency and Paid Sick Leave Provisions

| May 2020
On April 1, 2020, the U.S. Department of Labor (DOL) issued a temporary rule to implement the Public Health and Emergency and Paid Leave Provisions.  There are several areas in the regulations that had not previously been addressed in detail, including the type notice an employee must provide the employer, the documentation the employer may require t...
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COMPLYING WITH THE COVID-19 PAID LEAVE AND FMLA PROVISIONS AND ADDRESSING CORONAVIRUS

COMPLYING WITH THE COVID-19 PAID LEAVE AND FMLA PROVISIONS AND ADDRESSING CORONAVIRUS

| April 2020
The Coronavirus is definitely the most important issue of the day, and so we are devoting the entire newsletter to this subject.  Our firm has issued three Alerts during the week of March 16, 2020 on the above subjects, and this newsletter is intended to consolidate these various Alerts, as well as bring more recent information on the issues as of pr...
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