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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.

PAY EQUITY DATA MAY BE REQUIRED FOR EEO-1 REPORTS

| May 2019
In 2016, the EEOC mandated that a significant amount of pay data be submitted by employers with their EEO-1 annual reports.  The new report form required employers to enumerate employee demographics by pay-band - the various pay bands and persons in those bands would be summarized by race, sex and national origin.  In 2017, the Trump Administra...
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Concerted Activity

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
One of the most vexing issues for employers over the years is whether the action of an individual employee constitutes "protected concerted activity," which is protected against retaliation by the employer under the Labor Act.  Some of these cases, often decided adversely to the employer, arise in a context in which a single employee engages in some type ...
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DOES CAMPUS RECRUITING OR LIMITS ON EXPERIENCE FOR APPLICANTS VIOLATE THE AGE DISCRIMINATION LAWS

| March 2019
Do employers violate the Age Discrimination In Employment Act (ADEA) in only recruiting at college campuses or turning away applicants for having too much experience?  The Seventh Circuit has a simple answer to that question, in a ruling on January 23, 2019, that the federal age discrimination law does not protect older applicants from the unintended...
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WATCH OUT FOR FAIR CREDIT REPORTING ACT DISCLOSURE DOCUMENTS

| March 2019
The Fair Credit Reporting Act (FCRA) prohibits the use of consumer reports for employment purposes unless "a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured in a document that consists solely of the disclosure that a consumer report may be obtained for employment ...
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EMPLOYERS MAY NOT BE ABLE TO REQUIRE MANDATORY ARBITRATION OF LEGAL CLAIMS BY TRANSPORTATION WORKERS

| March 2019
The Federal Arbitration Act is a federal law that encourages the arbitration of legal claims.  Fifty-five percent of American workers are covered by mandatory arbitration provisions in their employment contracts with their employers, according to published reports.  Many of these mandatory arbitration provisions preclude an employee from bringin...
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NLRB REVERSES OBAMA-ERA INDEPENDENT CONTRACTOR TEST

| March 2019
During the Obama administration, the NLRB overturned 92 traditional NLRB doctrines.  The current Trump administration's NLRB is in the process of attempting to reverse the Obama-era rulings, thus going back to the prior doctrines.  The latest example occurred in the January 25 ruling of the NLRB in Super Shuttle DFW, 16-RC-010963 (1/25/19). ...
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DANCERS SUE EMPLOYER CLAIMING RECLASSIFICATION AS EMPLOYEES WAS RETALIATION

| March 2019
Employers are well aware of classification issues as to whether workers are employees or independent contractors.  Use of independent contractors offers great advantages to employers, including saving of payroll taxes and the avoidance of union and employment claims.  On the other hand, there is widespread litigation over misclassification issue...
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CAUTION NECESSARY FOR WELLNESS PROGRAMS DUE TO RECENT DEVELOPMENTS

| March 2019
Many employers are successfully using wellness programs and finding that good programs can be a"win-win."  That is, employee wellness improves attendance and reduces healthcare plan costs, while showing the employer's desire to help workers.  Unfortunately, there are many legal issues in setting up and operating a wellness plan.  While the ...
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DRONES NOW BEING USED BY OSHA

| February 2019
The Occupational Safety and Health Administration (OSHA) started using drones during 2018, although the number of inspections in which drones have been used is relatively small.  Use of the drones by OSHA is likely to expand, but currently are most often used following accidents at work sites considered too dangerous for OSHA inspectors to enter.&nbs...
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White Worker Gets Trial for Harassment from Being Called "Redneck/Hillbilly"

| February 2019
We all know that there are certain "buzz words" that often lead to harassment issues and problems.  Most of the buzz words are those used in harassment cases brought by minorities and females.  In a recent Georgia case, however, a white employee brought a harassment/retaliation case because of such a buzz word allegedly used against white employees.  Blan...
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APPEALS COURT ADOPTS OBAMA NLRB JOINT EMPLOYER STANDARD

| February 2019
Joint employment has probably been the most talked and written about subject in labor and employment law circles in recent years.  It is so important that both the National Labor Relations Board (NLRB) and the Department of Labor (DOL) are attempting to draft regulatory definitions.  It affects whether one company is liable for another company's...
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