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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.

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 li…
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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 avoided…
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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 fo…
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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 j…
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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 in…
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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 an…
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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, vi…
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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 fu…
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LABOR DEPARTMENT TO PUSH AHEAD ON NEW RULES BEFORE DEADLINES

| September 2019
The Department of Labor (DOL) is struggling to finalize various proposed regulations at a faster pace due to two converging factors.  First, under the 1996 Congressional Review Act (CRA), rules finalized in the last year of an administration can be repealed if they have not gone into effect yet, and stayed in court while their validity is being challen…
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Supreme Court Addresses How Agencies Interpret Their Own Regulations

| August 2019
Many businesses have complained about federal agencies having too much power to interpret the laws they enforce.  For example, rather than amending the law or following the process to issue a new or revised regulation, agencies often issue fact sheets, operations handbooks, court briefs, and other statements and they ask the courts to follow the agencies' i…
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WILL OBAMACARE LAST?

| August 2019
There is an important case pending before the Fifth Circuit U.S. Court of Appeals, dealing with whether ObamaCare will survive or instead be declared unconstitutional.  Last December, a Texas federal judge invalidated the entire law, after Congress in 2017 passed a law that reduced the penalty provisions to employees for being uninsured to $0.  It…
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