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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.

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 pen…
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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 t…
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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, t…
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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 fo…
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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 emp…
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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 after…
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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 age…
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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 issu…
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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 th…
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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 Couns…
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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 la…
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