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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.

PERSUADER RULE ON ADVICE FROM ATTORNEYS/CONSULTANTS RESCINDED

| August 2018
One of the most controversial proposed regulations during the Obama Administration imposed public reporting requirements on employers who obtained advice on union matters.  The proposed regulations required reporting on the type advice and the fees involved.  On July 17, 2018, the Department of Labor issued a final rule rescinding the so-called ...
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TRUMP'S TRAVEL BAN FROM EIGHT COUNTRIES UPHELD

| August 2018
On June 26, 2018, the Supreme Court upheld President Trump's travel ban imposed against eight countries, rejecting the contention that the President had exceeded his authority and violated the Constitution by targeting Muslims.  The 5-4 majority ruled that the immigration laws grant the President broad discretion to restrict the entry of aliens whene...
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SIGNIFICANCE OF JUDGE KAVANAUGH'S NOMINATION TO THE SUPREME COURT

| August 2018
Most expect Judge Kavanaugh to continue the pro-employer rulings in labor and employment matters issued by his mentor, the recently retired Justice Anthony Kennedy.  His previous rulings suggest he would uphold mandatory arbitration agreements and support pre-Obama era case precedents under the National Labor Relations Act, such as on the joint-emplo...
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SMALL EMPLOYERS CAN FORM ASSOCIATION HEALTH PLANS TO LOWER COSTS

| August 2018
Employers, particularly small employers and working owners, have a new way to control healthcare costs as a result of a Department of Labor (DOL) rule published in the Federal Register on June 21, 2018.  President Trump in October 2017 signed an Executive Order directing the DOL to issue rules governing the formation and management of association hea...
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SUPREME COURT ADOPTS RIGHT-TO-WORK FOR STATE AND LOCAL EMPLOYEES

| August 2018
The long-awaited Supreme Court ruling in the Janus case arrived on June 27, 2018.   Janus v. American Federal of State, County, and Municipal Employees, et al., (No. 16-1466).  As stated by the Supreme Court, the issue was whether public employees can be forced to subsidize a union, even if they choose not to join and strongly object to the...
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GAY BIAS CLAIM AGAINST WEDDING CAKE MAKER ADDRESSED

| July 2018
Another long-awaited Supreme Court ruling dealt with whether a baker who wouldn’t make a wedding cake to celebrate a same-sex wedding violated the civil rights of the gay couple.  Masterpiece Cakeshop v. Colorado Civil Rights Commission, No. 16-111 (U.S., 6/4/18).  The baker told the couple he didn’t make cakes for same-sex weddings, and contend...
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SUPREME COURT RULING ON ARBITRATION POLICIES LIMITING CLASS ACTIONS FURTHER SHOWS MORE LIMITED APPLICATION OF PROTECTED CONCERTED ACTIVITY DOCTRINE

| July 2018
In Epic Systems v. Lewis, the U.S. Supreme Court ruled that employers could require mandatory individual employment agreements with employees that require individual arbitrations rather than any type of class or collective actions.  Plaintiffs had contended that such limits on class and collective actions interfered with their protected concerted act...
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NLRB SETS EASIER STANDARDS FOR EMPLOYER RULES

| July 2018
During the Obama Administration particularly, the National Labor Relations Board (NLRB) had become very restrictive of employer work rules that might be interpreted by someone to "chill" legitimate union or concerted protected activities.  For example, a rule prohibiting "walking off the job" might be interpreted by some to prohibit engaging in a wor...
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WAGE/HOUR OVERTIME RULE DEVELOPMENTS

| June 2018
In a Department of Labor regulatory release of May 9, 2018, the Wage/Hour Division now estimates a January 2019 release of its important salary level rules to determine the number of workers eligible for overtime pay.  This rule would replace the Obama Administration’s version of the rule which would have doubled the salary level below which employee...
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CURRENT DEVELOPMENTS REGARDING USE OF INDEPENDENT CONTRACTORS

| June 2018
Almost every company hires contractors to do some function or other.  In spite of various types of legal attack, the use of independent contractors is growing, not declining.  This article will summarize some of the current developments concerning the use of contractors. Secretary of Labor Acosta last November revoked two Obama Administration g...
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ELECTRONIC REPORTING AND OTHER OSHA DEVELOPMENTS

| June 2018
OSHA has long required employers to keep logs of job-related injuries and illnesses, but until recently the Agency did not require employers to file copies with the government.  In 2016, OSHA issued a rule that required employers with 250 or more workers to submit OSHA Form 300A, which lists the number of job-related injuries and illnesses needing mo...
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