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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.

EMPLOYERS MAY DISCONTINUE UNION CHECK-OFF ON CONTRACT EXPIRATION

| January 2020
The NLRB also ruled in December that an employer's statutory obligation to check-off union dues ends upon the expiration of the collective bargaining agreement containing the check-off provision.  Valley Hospital Medical Center, Inc., 368 NLRB No. 139.  The decision overturned an Obama-era ruling and returned the NLRB to the rule existing for ov...
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EMPLOYERS MAY AGAIN RESTRICT USE OF THEIR EMAIL SYSTEM

| January 2020
The NLRB has re-established the right of an employer to restrict employee use of its email system if it does so on a non-discriminatory basis.  Caesars Entertainment, Inc., 368 NLRB No. 143.  This case reversed an Obama-era ruling that employees given access to the employer's email system had a presumptive right to use that system, on non-workin...
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NLRB CHANGES QUICKIE ELECTION PROCEDURES

| January 2020
One of the most debated, publicized, and contentious issues in employment law in recent years has been the NLRB "quickie election" rule, which only allowed 20 days or so between the filing of the union election petition and the election itself.  Unions felt that shortening the time period for an election would increase their chances of success, while...
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END OF DEMOCRAT'S TERM ON LABOR BOARD TRIGGERS LARGE NUMBER OF PRO-MANAGEMENT RULINGS

| January 2020
The sole Democratic member of the National Labor Relations Board (NLRB), Lauren McFerran, reached the end of her term on December 16, 2019.  Traditionally, the departure of a Board member triggers large numbers of rulings, particularly if the case has overturned existing precedent and so a new member does not have to start all over in reviewing the p...
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SUPREME COURT MAY LET TRUMP CANCEL DACA

| December 2019
The U.S. Supreme Court heard arguments on November 11, 2019, as to whether President Trump could rescind the Deferred Action for Childhood Arrivals Program, commonly known as DACA.  Based on questions and comments made by the justices, many commentators suggest that we may be looking forward to another 5-4 decision, with five of the justices allowing...
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GALLUP REPORTS ON JOB SATISFACTION

| December 2019
A Gallup Poll released in October shows that 40% of employed Americans believe they are in good jobs, versus 44% in mediocre jobs, and 16% in bad jobs.  The poll shows that how employees rank the quality of their job has a strong correlation with how they view their quality of life.   A majority of those making more than $140,000.00 a year,...
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GOOGLE CONTINUES TO BE AFFECTED BY CORPORATE CULTURE ENCOURAGING OPEN DEBATE

| December 2019
This newsletter has noted in prior articles the significance that Google places on its workplace culture designed to encourage open debate. The culture has resulted in numerous attempts by Google employees to influence corporate policies, most notably pressing management to cancel certain contracts, including those related to the image-recognition system ...
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NATIONAL SAFETY COUNCIL PUBLISHES EMPLOYER TOOLKIT FOR DRUG POLICIES AND ISSUES

| December 2019
The National Safety Council has published an Employer Toolkit for drug policies and issues, which is very informative and comprehensive.  The Toolkit furnishes an employer an excellent "checklist" of various items to consider, including such things as how opioids affect tolerance and ultimately lead to addiction, how to confront an employee, sample e...
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STATUS OF EEOC PAY EQUITY DATA COLLECTION

| December 2019
As reported in this newsletter last month, a federal judge in the District of Columbia ruled that the EEOC had to implement its requirement that employers file certain pay equity data as part of their EEO-1 Component 2 filing due on September 30 of this year.  The EEOC has already announced that the pay equity data component will not be required afte...
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FEDERAL AGENCIES MUST POST ALL GUIDANCE ON THEIR WEBSITE BY NEXT FEBRUARY OR SUCH WILL BE CONSIDERED RESCINDED

| December 2019
Last month, this newsletter reported that President Trump, on October 9, signed two executive orders to reduce the impact of agency guidance that had become a back door means of regulation.  Agencies are supposed to review all their federal guidance documents and rescind those no longer in effect.  The Office of Management and Budget has given a...
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HAVING TROUBLE WITH AGGRESSIVE FEDERAL INVESTIGATORS - READ THIS

| December 2019
It is not uncommon for many employers and their attorneys to complain that they are harassed by overly aggressive federal investigators, some of whom appear to be following prior administration policies that are no longer applicable.  In October, Cheryl Stanton, Administrator of the Department of Labor's Wage and Hour Division, addressed just this is...
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