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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.

Lessons in Applying The Pregnancy Act to Light Duty Jobs

| June 2020
Many employers limit light duty jobs to workers who have suffered work-related injuries.  However, a new case out of the Eleventh Circuit tells us that the employer that fails to offer these light duty jobs to pregnant employees with medical restrictions risks being liable for discrimination.  Durham v. Rural/Metro Corp., 18-14687 (11th Cir., 4/17…
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Plaintiff's Attorney AVENATTI Convicted of Extortion

| May 2020
While an employer may state publicly or privately that the plaintiff's demands were "extortion," it is extremely rare for a plaintiff's attorney to be convicted of such an offense.  Well, this just happened to a plaintiff's attorney, a high-profile one at that, Michael Avenatti, who rose to national prominence as the attorney for adult-film actress Sto…
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Traps to Avoid in Obtaining Paycheck Protection Program (PPP) Loan Forgiveness

| May 2020
The PPP allows certain employers (primarily those with less than 500 employees) to obtain low cost (1% interest), short-term (2 years) financing from the federal government for certain operating expenses consisting of payroll costs, interest on certain loans (not principal), rent on real and personal property, and certain utilities.
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DOL Issues Temporary Regulations to Implement Emergency and Paid Sick Leave Provisions

| May 2020
On April 1, 2020, the U.S. Department of Labor (DOL) issued a temporary rule to implement the Public Health and Emergency and Paid Leave Provisions.  There are several areas in the regulations that had not previously been addressed in detail, including the type notice an employee must provide the employer, the documentation the employer may require the…
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COMPLYING WITH THE COVID-19 PAID LEAVE AND FMLA PROVISIONS AND ADDRESSING CORONAVIRUS

COMPLYING WITH THE COVID-19 PAID LEAVE AND FMLA PROVISIONS AND ADDRESSING CORONAVIRUS

| April 2020
The Coronavirus is definitely the most important issue of the day, and so we are devoting the entire newsletter to this subject.  Our firm has issued three Alerts during the week of March 16, 2020 on the above subjects, and this newsletter is intended to consolidate these various Alerts, as well as bring more recent information on the issues as of pres…
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DISCRIMINATION AND UNION DISPUTES AT SOUTHERN POVERTY LAW CENTER

DISCRIMINATION AND UNION DISPUTES AT SOUTHERN POVERTY LAW CENTER

| March 2020
One of the stalwarts of the liberal image for protection of workers is the Southern Poverty Law Center (SPLC), the Alabama-based civil rights legal advocacy group.  However, recently its long-standing president was dismissed and there were rumors of discrimination issues.  More recently, in late 2019, an affiliate local union of the Communications…
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FIRING WORKER FOR "BAD ATTITUDE" IS QUESTIONABLE

FIRING WORKER FOR "BAD ATTITUDE" IS QUESTIONABLE

| March 2020
Firing a worker for a "bad attitude" is not necessarily illegal, but strategically it is not a strong legal reason for a termination.  An example is a recent case in which a transgender employee claimed she was discharged for retaliation for her continued complaints to management about discrimination, that included being called the wrong name or pronou…
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REVIEW OF CASES UNDER THE GENETIC BIAS LAW

| March 2020
The Genetic Information Non-Discrimination Act (GINA) has been around since 2008, and is one of the many federal anti-discrimination laws.  It is most notable in that more than 10 years the law has been in effect, there has not been a single successful lawsuit alleging discrimination by an employer using genetic information.  Only 12 GINA cases ha…
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UNION MEMBERSHIP FALLS AGAIN, TO RECORD LOW

| March 2020
The share of American workers in labor unions fell to a record low last year, according to a January 22, 2020 announcement from the U.S. Department of Labor.  The number of union members fell by 170,000 in 2019, reducing the share of the workforce in labor unions to 10.3%, the lowest portion on record since the data has been kept in the present format…
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WHY THE JOINT EMPLOYER ISSUE MATTERS

| March 2020
The various labor and employment agencies of the federal government, including the NLRB, the EEOC, and the U.S. Department of Labor, have all proposed regulations or other guidance limiting the use of the "joint employment" concept.  Currently, there is a hodgepodge of various standards on who is a joint employer, but the one commonality is that the an…
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THE PRO ACT PRO-UNION BILL PASSES IN THE HOUSE OF REPRESENTATIVES

| March 2020
The Protecting the Right to Organize Act (H.R. 2474) on February 6, 2020 passed the U.S. House of Representatives by a vote of 224-194.  Five Republicans voted for the bill and seven Democrats opposed it.  It has been called the most pro-union legislation since the Wagner Act was passed in 1935.   It is so pro-union, that many business i…
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