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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.

INDEPENDENT CONTRACTOR LEGISLATION IN CALIFORNIA THREATENS GIG WORKERS

| November 2019
The California legislature has passed a bill that has been signed by its governor designed to reclassify many or most contract workers as employees.  The bill goes into effect January 1 of next year, and applies what is known as the "ABC Test" to employment status.  It requires companies that want to treat a worker as a contractor to prove that ...
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EEOC GAINS QUORUM AND NEW GENERAL COUNSEL

| November 2019
On August 1, 2019, the Senate approved Sharon Gustafson as the EEOC's new General Counsel and Charlotte Burroughs (D) for a second term as a member of the EEOC Commission.  Gustafson had been awaiting Senate approval for almost 15 months, giving the Administration its first Senate-confirmed General Counsel.  The authority of the EEOC General Cou...
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PRESIDENTIAL CAMPAIGN STAFFS PLAGUED BY ANTI-WORKER ACCUSATIONS

| November 2019
At least five Democratic presidential candidates have recognized labor unions as representatives of their campaign staffs, including Bernie Sanders, Elizabeth Warren, Cory Booker, Julian Castro, and Eric Swalwell.  Democratic candidates are catering to labor union votes, likely because of President Trump's strong support from union households in the ...
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APPROVAL OF UNIONS AT HIGHEST LEVEL IN MANY YEARS

| November 2019
According to a Gallup Poll on August 28 of this year, the approval rating for labor unions among the American public reached 64%.  This 64% approval rating is up 16 points from the all-time low just ten years ago.  The poll indicated that about 14% of Americans live in a union household.  The survey found an 86% approval rating among those ...
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PRESSURES FROM BOTH SIDES CREATED - AND RESOLVED - GM STRIKE

| November 2019
The situation between General Motors (GM) and the United Auto Workers (UAW) seemed a "perfect storm" for a labor dispute.  GM's profits have reached high levels in 2016 and 2017, before falling last year, with expectations for further downturns in U.S. auto sales.  The investment community had the opinion that GM coddled the UAW, and thus avoide...
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PRESIDENT TRUMP ISSUES NEW EXECUTIVE ORDERS TO CURB BACK-DOOR REGULATION

| November 2019
President Trump has signed two new executive orders on October 9, 2019 to reduce government regulations without formal rule-making.  At the signing ceremony, he stated: "For many decades, federal agencies have been issuing thousands of pages of so-called guidance documents - a pernicious kind of regulation imposed by unaccountable bureaucrats in the ...
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EEO-1 PAY DATA DEADLINE LOOMS

| October 2019
In case you haven’t heard, September 30, 2019 is the deadline for employers with more than 100 employees to file a new electronic form with the Equal Employment Opportunity Commission (EEOC) disclosing detailed pay data for 2017 and 2018.  EEOC has set up an electronic portal for these submissions, which must include detailed compensation data for 10...
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USE OF "TESTERS" PLAGUES EMPLOYERS IN LAWSUITS

| October 2019
This writer has experienced the "tester" issue in various ways readers will find quite interesting.  First, a "tester" is generally considered someone who seeks access or employment in a way designed solely to generate a legal case.  A number of years ago, and this writer represented a trucking employer at which an immigrant driver participated ...
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BOARD GIVES EMPLOYERS BROAD RIGHTS TO INSIST UPON MANDATORY ARBITRATION AGREEMENTS PROHIBITING COLLECTIVE ACTIONS

| October 2019
This newsletter in the past has published many articles about the Epic Systems Supreme Court ruling, which holds that employers may enter into individual arbitration agreements with employees requiring almost all disputes to go to individualized arbitration and waiving class and collective actions.  In a ruling on August 14, 2019, the NLRB broadened ...
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MISCLASSIFYING WORKERS AS INDEPENDENT CONTRACTORS DOES NOT VIOLATE LABOR ACT

| October 2019
The National Labor Relations Board (NLRB) ruled on August 29, 2019 that employers do not violate the National Labor Relations Act (NLRA) solely by misclassifying employees as independent contractors.  The Board majority held that an employer's communication to its workers of its opinion that they are independent contractors does not, standing alone, ...
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NLRB PROPOSES THREE NEW RULES TO PROTECT EMPLOYEE AND MANAGEMENT RIGHTS

| September 2019
The NLRB has been the most activist of the federal agencies in promoting deregulatory actions that benefit employee and management rights.  A part of the effort has been an attempt to undo the 92 precedents overturned by the Obama-Era NLRB.  But the Republican-majority NLRB is also aggressively pursuing tactics that make it more difficult for a ...
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