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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.

WILL ICE RAIDS RETURN AND IN WHAT FORM?

| March 2018
Immigration and Customs Enforcement (ICE) acting Director Thomas Homan said last October that he would quadruple ICE’s worksite enforcement efforts, but did not give any details.  Let us review a little history of ICE "raids" as they have been conducted in the past, and what it means for employers this year, particularly beginning with the new fiscal...
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TAX CUT CAUSES EXECUTIVES TO ENTER POLITICAL DISCUSSION

| February 2018
The executives of corporations have increasingly entered the political fray in one way or another.  For example, multi-national companies tend to support issues such as globalization, trade and immigration, and other companies have supported goals such as protecting the environment, ethnic diversity and gay rights.  In doing so, companies must b...
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LABOR DEPARTMENT NOW SUPPORTS UNPAID INTERNSHIPS

| February 2018
On January 5, 2018, the U.S. Department of Labor set forth new guidelines establishing a "primary beneficiary test" for the legality of unpaid internships.  Seven factors will be used to determine whether the internship meets the standard, including whether training is provided that "would be similar to that which would be given in an educational env...
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Other NLRB Reversals of Obama-Era Policies

| February 2018
While the above three cases involving a return to pre-Obama NLRB precedents are perhaps the most heavily publicized, there are other less publicized but also important reversals.  Thus, the new majority has returned to earlier cases giving NLRB administrative law judges the discretion to approve settlement terms proposed by a respondent (usually the ...
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NLRB Overturns "Micro-Unit" Determinations

| February 2018
In order for a union to petition the NLRB to conduct a union election, the union must establish that the election will be held in an appropriate voting unit.  During the Obama-era, in a case called Specialty Healthcare, if a union petitioned for an election among a particular group of employees, those employees shared a community of interest, and the...
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NLRB Overturns Obama-Era Joint Employer Rules

| February 2018
In a controversial 2015 decision, a 3-2 Democratic majority NLRB ruled that indirect or even potential control over a subcontractor’s employees might lead to a joint employment relationship.  That case, Browning-Ferris, was of great concern to contractors, franchisors, and others who might be found jointly liable with another entity for that entity’s...
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NLRB Changes In Handbook Standards

| February 2018
On December 14, 2017, the new NLRB majority overturned the Obama-era rule that placed severe limits on employer handbook and policy rules that had been declared illegal if an employee might interpret the rule as prohibiting the exercise of union or concerted activities.  Such broad rules were said to be illegal because they "chilled" legitimate union...
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NEW NLRB RULINGS CHANGING THE LANDSCAPE

| February 2018
In late 2017, the NLRB had its first Republican majority of three members in many years.  The majority was short-lived, however, as the term of the Republican Chairman Miscimarra expired on December 15, 2017.  Miscimarra had been on the Board during the many years of Obama-era NLRB rulings, during which some 92 NLRB precedents were overturned.&n...
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CHANGES IN WORK-AT-HOME EMPLOYER POLICIES

| January 2018
There has been a business trend for a number of years for employers to increasingly allow employees to work at home.  Indeed, cases have even been brought by plaintiffs contending that home work must be allowed as a reasonable accommodation for an employee with a disability.  Now, for the first time, this trend has reversed with fewer employers ...
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NLRB TO REVIEW QUICKIE ELECTION RULES

| January 2018
On December 12, 2017, the NLRB stated that it is publishing a Request for Information in the Federal Register, asking for public input regarding the Board’s 2014 Election Rule (the quickie or ambush election rule).  The Board will seek information from interested parties regarding three questions: 1.   Should the 2014 Election Rule be reta...
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NEW NLRB GENERAL COUNSEL MAKES IMMEDIATE CHANGES IN POLICY

| January 2018
The most important person in many federal agencies is not the head of the agency, but the agency’s General Counsel.  For example, it is the General Counsel of the NLRB and the EEOC that decide what cases to prosecute, and what theories to use.  Admittedly, agency tribunals themselves determine the outcome of cases, but the cases never get to the...
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