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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.

OBAMACARE RULED UNCONSTITUTIONAL

| January 2019
On December 14, 2018, a Texas federal judge ruled that the Affordable Care Act (ACA) is unconstitutional.  The basis was that the ACA's individual mandate is no longer binding, because Republicans repealed its financial penalties as part of the 2017 tax reform legislation.  The Supreme Court had previously upheld the ACA by calling the mandate a...
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MORE EMPLOYERS ARE OFFERING MEDICAL CLINICS

| January 2019
Kiplinger reports that providing workers with medical care on the job is expanding significantly.  By 2016, 40% of large employers had medical clinics on-site or nearby, compared with 25% in 2013.  Most facilities are primary care and wellness clinics that charge little or nothing.  While most are run by contractors, up to 30% of them are c...
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MORE EMPLOYERS ARE LOWERING HIRING STANDARDS

| January 2019
Some estimate that over the past year a quarter of America's employers have made significant changes to their hiring standards, such as skipping drug tests or criminal background checks or removing preferences for diplomas.  National employers may vary their hiring standards based upon the location involved.  Only a quarter of entry-level jobs n...
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LEARN ABOUT GOVERNMENT PRESS RELEASES FOLLOWING SETTLEMENTS

| January 2019
The Obama Administration followed a policy promoting “public shaming” of employers accused of law violations, as a deterrent to discourage violations.  These policies appear to have decreased but are still continuing under the Trump Administration.  A recent example shows why employers need to be careful in their settlement agreements with gover...
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UNION USE OF DEBIT CARDS TO COLLECT DUES IS NEW DEVELOPMENT

| January 2019
With the growing number of right-to-work states, and the new Janus Supreme Court ruling applying the right-to-work concept to governmental employees, unions are developing new tactics to maintain their income through dues collection.  Some locals of a very aggressive national union, the Service Employees International Union, have introduced a pre-pai...
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SHOULD MY COMPANY USE INDIVIDUAL ARBITRATION AGREEMENTS - USE CLASS/COLLECTIVE ACTION WAIVERS WITHOUT ARBITRATION - OR NEITHER?

| January 2019
Parties to contracts in recent years overwhelmingly favor the use of arbitration rather than court litigation to resolve disputes.  The general thinking is that arbitration is quicker, cheaper, more private, and avoids the potential of "runaway" juries.  The court system seems to like arbitration as well, as it lessens their case load and suppor...
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PROBLEMS AND NEW APPROACHES TO THE HARASSMENT EPIDEMIC

| December 2018
The growth of the "Me-Too" movement, as recently exemplified in the controversy surrounding the Kavanaugh nomination, has increased emphasis on the American public's sensitivity to inappropriate language.  We all have seen situations in the last year of business and political leaders whose careers have been damaged by using inappropriate terminology,...
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EMPLOYER COBRA NOTICES DRAWING A LOT OF ATTENTION IN CLASS ACTION LITIGATION

| December 2018
The Consolidated Omnibus Budget Reconciliation Act (COBRA) applies to employers of 20 or more employees.  When employees leave their jobs, covered employers are required to send notices to former employees of their right to continue coverage under the company's health plan for a limited period.  Employers that send deficient notices of COBRA rig...
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LEGAL ISSUES FROM POLITICS IN THE WORKPLACE

| December 2018
There is an old saying among attorneys that you should never discuss politics or religion with clients.  While the same may be said about other situations, it is inevitable that politics will in some cases be discussed at home, and in the work place.  With the intensity and divisiveness of certain current political positions, it is inevitable th...
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MID-TERM ELECTION RESULTS LIMIT LEGISLATIVE SOLUTIONS TO ISSUES

| December 2018
To the surprise of few, the Democrats took control of the U.S. House of Representatives in the mid-term elections held November 6.  It appears that Democrats will gain 39 seats, which would give them a majority.  In the Senate, Democrats had to defend 26 of the 35 seats on the ballot, including 10 in states the President won.  The Democrats...
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BLUE COLLAR WORKERS HAPPY, BUT MAJORITY OF AMERICANS APPROVE OF LABOR UNIONS

| November 2018
A recent Harris Poll reports that 85% of blue-collar workers believe their lives are heading in the right direction, higher than any similar poll in the last 20 years.  Approximately 86% are “satisfied” with their jobs and 90% are even “proud” of their work.  Ironically, it turns out that blue collar workers are some of the most satisfied people...
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