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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.

HAIR STYLE AND DRESS CODES NORMALLY NOT SUBJECT TO DISCRIMINATION RULES, WITH SOME EXCEPTION

| August 2019
Traditionally, the discrimination laws have not addressed dress codes and hair styles, because these characteristics are mutable.  That is, most people can readily change their hair styles and dress.  For example, the U.S. Court of Appeals for the Eleventh Circuit in Atlanta has stated in the last year that "every court to have considered the issu…
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COMPARING OLD TO NEW HIRING TECHNIQUES

| August 2019
American companies for many years filled almost 90% of annual vacancies from within the company, but that portion has now fallen to less than a third.  Skeptics suggest that this decline is in spite of the fact that some research suggests that outside hires take three years longer to perform as well as internal candidates, and also cost more.  Som…
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OBESITY ALONE MAY NOT BE PROTECTED BY ADA

| August 2019
Obesity remains a controversial issue under the Americans with Disabilities Act (ADA).  Employers received some relief from the issue in a recent court ruling that obesity unaccompanied by an underlying physiological condition is not a disability protected by federal law.  Richardson v. CTA, No. 17-3508 (C.A. 4, 6/12/19); see also Aumara v. Monsan…
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RECENT CASES SHOW DANGERS EVEN WHERE AN EMPLOYER SEEMS TO BE FOLLOWING FMLA

| August 2019
Most employers are familiar with their obligations under the Family and Medical Leave Act (FMLA) and allow 12 weeks of such leave per year.  Even where employers follow these rules, they can still run afoul of the retaliation aspects of the FMLA.  A couple of recent cases illustrate this danger. In the first case, the plaintiff was disciplined wi…
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UAW LOSES UNION VOTE AT VOLKSWAGEN - AGAIN

| July 2019
In a nationally-watched union election at Volkswagen in Chattanooga, Tennessee, which concluded on June 14, 2019, the UAW lost another secret ballot union election by a vote of 838-776, a margin of 62 votes.  The last plant-wide election was held in 2014, which the union lost by 86 votes.  The history of the situation in Chattanooga is very inter…
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UBER BECOMES TEXT BOOK EXAMPLE OF INDIVIDUAL ARBITRATION ISSUES

| July 2019
Funny things happen when a company institutes an initial public offering (IPO), as Uber did during 2019.  One of those things is that such companies often attempt to settle ongoing litigation, to make their IPO more attractive to investors.  Uber did just that this year in connection with its independent contractor business model, and in the proce…
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DOL IS STARTING TO MOVE AHEAD ON REGULATORY REFORM

| July 2019
The U.S. Department of Labor (DOL) has been moving much more slowly than the NLRB in regulatory reform.  Possible explanations include long delays in approving political appointments to the DOL, the cautious nature of Labor Secretary Acosta, and a controversy over Acosta's involvement in a decade-old plea deal while he was a federal prosecutor in Flori…
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NLRB ANNOUNCES AGGRESSIVE AGENDA POSITIVE CHANGE

| July 2019
The National Labor Relations Board (NLRB), through its Republican majority and aggressive General Counsel, Peter Robb, has publicized various positive changes, many of which add clarity or more even-handed decision-making to the NLRB.  On May 22, 2019, the announcement indicates that the Board will consider rule-making in the following areas: …
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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 working…
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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 p…
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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 allow…
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