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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.

DOL FINDS GIG WORKERS TO BE INDEPENDENT CONTRACTORS

| July 2019
In an opinion letter issued by the U.S. Department of Labor (DOL) on April 29, 2019, DOL finds that workers getting jobs through smart phone apps and websites such as Angie's List are independent contractors and not employees of those platforms.  The opinion indicates that such service providers are not working for the virtual marketplace, but workin...
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INDEPENDENT CONTRACTOR/MISCLASSIFICATION ISSUE AFFECTS ENTITLEMENT TO EMPLOYMENT BENEFITS TOO

| June 2019
Most companies are familiar with the great amount of publicity and litigation involving the classification of workers as employees or independent contractors.  But companies may not be aware of a rarely publicized concern, the concern being that under the companies' policies, employees are entitled to various benefits, such as healthcare coverage and...
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DEMOCRATIC CANDIDATES SPONSOR A NEW LABOR BILL

| June 2019
At least seven Democratic candidates for President have cosponsored The Protecting the Right to Organize Act, a bill introduced on May 2, 2019 in the Senate by Patty Murray (Wash.) and in the House by Bobby Scott (VA.).  Among other things, the bill would do the following: 1.      The NLRB could fine employers as well as all...
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TECHNOLOGY COMPANIES BESET BY EMPLOYEE PROTESTS OVER COMPANY OPERATIONS

| June 2019
Employee protests at technology companies have gone beyond common employee issues and expanded to important company business decisions.  As workforces become more skilled and unemployment drops, certain industries have become more tolerant of outspoken employees.  Over the last year, workers have protested at companies over military contracting,...
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MORE WORKERS WENT ON STRIKE IN 2018 THAN AT ANY TIME IN THE PAST THREE DECADES

| June 2019
The Bureau of Labor Statistics announced on February 8, 2019, that they were 20 major work stoppages in 2018 that involved almost one-half million U.S. workers.  The total number of workers who participated was the highest since 1986.  There were actually 167 total work stoppages, with major work stoppages defined as those involving 1,000 or mor...
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LGBT RIGHTS TO BE RESOLVED BY SUPREME COURT

| June 2019
The courts have been in conflict in recent years as to whether gay and transgender people are protected from discrimination on the job, an issue the Supreme Court agreed to review on April 22, 2019.  Title VII of the 1964 Civil Rights Act prohibits job discrimination because of "sex."  The traditional interpretation of Title VII does not expand ...
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HOW TO MANAGE THE RETURN OF SOCIAL SECURITY NO-MATCH LETTERS

| June 2019
Social Security "no-match" letters generate a great deal of concern in the employer community as to how to handle such issues.  Immigration and Customs Enforcement (ICE) has in the past taken the position that receipt of one of these notifications creates an affirmative duty to investigate and potentially take action, at least to avoid a potential fi...
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TERMINATING EMPLOYEES FOR MEDICAL MARIJUANA STARTING TO RAISE SERIOUS LEGAL ISSUES

| May 2019
Federal law still considers marijuana illegal, and it is exempt from positive drug-testing protection under the ADA.  For many years, arbitrators and courts allowed employers to terminate employees who tested positive for marijuana, even in medical marijuana situations.  Since 2017, however, the situation has become more confusing. Courts in at...
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Joint Employment

| May 2019
On April 1, 2019, DOL published a third proposal rule over two weeks, this one dealing with joint employment.  The Fair Labor Standards Act (FLSA) allows joint employer situations where an employer and a joint employer are jointly responsible for the employee's wages.  This is a major issue for companies that could be potentially liable for wage...
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Regular Rate

| May 2019
On March 28, 2019, DOL announced a proposed rule to clarify and update the regulations governing the "regular rate" on which overtime is computed.   Under current rules, employers are discouraged from offering more perks to their employees as it may be unclear whether those perks must be included in the calculation of an employees' regular rate ...
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TWO OTHER DOL REGULATIONS PROPOSED ON JOINT EMPLOYMENT AND REGULAR OVERTIME RATE

| May 2019
The Department of Labor (DOL), on March 7, 2019, published its proposed "white collar" overtime exemption regulations, raising the previously required $23,660.00 annualized salary to $35,308.00.  Employers may still satisfy up to 10% of the minimum required salary by the payment of nondiscretionary bonuses, incentives and commissions, as long as the ...
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