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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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New DOL Joint Employer Rule Rejected in Court

| October 2020
Almost every employer of substantial size deals with contractors of some type, with the most common application being temporary staffing, janitorial services, franchisee-franchisor arrangements, and others.  Under the Department of Labor (DOL) enforcement guidance during the Obama Administration, the guidance expanded the application of the "joint empl…
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Use of COVID-19 Liability Waivers and Related Approaches

| October 2020
Some reports indicate that employees have filed almost 600 COVID-19-related lawsuits against their employers.  As a result, about a dozen states, including Georgia, have passed laws attempting to provide some liability protection from COVID-19 liability.  Georgia's law provides that an employer or other business entities may post a warning at its…
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NLRB Rules Broader Restrictions in Social Media Policies are Lawful

| September 2020
Employers have long sought to limit adverse comments about the employer, its management, and coworkers, with limitations in handbook and social media policies.  Many of these restrictions have been successfully challenged by employees or unions on the grounds they restrict legitimate "protected or concerted" activities under the National Labor Relation…
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EEOC Approves Incentives for Worker Wellness Plans

| September 2020
On June 11, 2020, the EEOC commissioners voted 2-1 to move forward with a Notice of Proposed Rulemaking (NPRM) for wellness programs.  The EEOC did not actually publish the NPRM and adoption of a final rule is a long way off, in terms of time and procedural steps that must be completed along the way, but the discussion at the June 11 public hearing pro…
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Several States Pass Protection to Employers from Virus Lawsuits, and Federal Legislation Also Proposed

Several States Pass Protection to Employers from Virus Lawsuits, and Federal Legislation Also Proposed

| August 2020
The State of Georgia has joined several other states in legislation protecting employers from liability related to the Coronavirus.  The Governor is expected to sign the law, thus adding Georgia to Louisiana, North Carolina, Oklahoma, Utah and Wyoming having such protection.  The Georgia law would shield employers, healthcare providers and other e…
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Cultural Sensitivity in Wording Now a Legal Necessity

Cultural Sensitivity in Wording Now a Legal Necessity

| August 2020
While many oppose the concept of "political correctness," in some senses it is now a legal necessity.  And what is deemed culturally sensitive seems to be changing, sometimes in controversial ways. While many oppose the concept of "political correctness," in some senses it is now a legal necessity.  And what is deemed culturally sensitive see…
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Employers Increasingly Have To Deal with Walkouts and Other Protests Over Pandemic and Racial Issues

| August 2020
Off-duty issues and activities, and their impact at the workplace, seem to be growing today.  Social media protests have increased since the Black Lives Matter movement has intensified, and pandemic issues are not abating.  Often, both as a practical and legal matter, these issues cannot be kept out of the workplace.Off-duty issues and activities…
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High Court Expands Religious Rights in Various Ways

| August 2020
A trilogy of U.S. Supreme Court rulings have expanded religious rights, with one of the rulings pertaining to most private employers.  In Little Sisters of the Poor v. Pennsylvania, the Court ruled that the Trump Administration had the right to exempt employers that raised religious or moral objections to the Affordable Care Act (ACA) prior requirement…
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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 c…
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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 "extremely…
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