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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.

microphone, indoors
Recent Gallup polls indicate that the public has a favorable opinion of unions with a near record high of 68%, and with the "great resignation," and workers demanding their rights, union organizing across the country is drawing attention. For those employers thinking they are beset with employment litigation, consider the fact that the National Labor Rela...
supreme court of the united states
A majority of employees in the U.S. are now covered by individual arbitration agreements prohibiting them from bringing lawsuits in court and also prohibiting the bringing of class or collective actions. There has been a slow but steady increase in the use of such individual arbitration agreements, as employers believe they are quicker, cheaper, more priv...
bullseye target, darts
Wimberly & Lawson attorneys Kathleen Jennings, Paul Oliver, and Jim Wimberly conducted a webinar on June 2, 2022, dealing with the above subject. The following outline was prepared dealing with the subject matter highlights: 
bronze statue of the balance of law, indoors
The Fair Credit Reporting Act (FCRA) places a number of obligations on employers who use third-party background or credit check companies to check past records of applicants or employees. The FCRA gives a person a right to sue for violations, but a recent case dealt with a "bare procedural violation" of the FCRA which did not cause any harm to the plainti...
safety meeting inside warehouse
The Occupational Safety and Health Administration (OSHA) has issued an Instruction effective April 8, 2022, establishing a National Emphasis Program (NEP) for Outdoor and Indoor Heat-Related Hazards.  This program has been implemented pending OSHA's pursuit of a health rule governing indoor and outdoor work which it announced about eight months ago, takin...
shield on the wall
The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers to issue notices to employees that there are options to continue healthcare coverage at their own expense following their termination or certain reductions in work hours. While applicable rules set forth the requirements of such notices, COBRA provisions also include a potential...
Women's rights protest outside of the US Supreme Court in the wake of the Roe vs. Wade majority opinion being leaked.
The media has been full of information about a leaked draft of a majority opinion from the U.S. Supreme Court, suggesting that the Court will overturn Roe v. Wade, the 50-year-old decision that makes abortion a constitutional right until the fetus becomes viable.  Should this opinion be issued, the result is that state law will take precedence.  Ironicall...
nurse working on a computer inside a hospital
Employer-run health plans must learn to use newly available hospital price data to determine fair prices or they could face legal action from plan members.
As of May 1, 2022, employers should not accept expired List B documents (e.g., driver's license) as proof of identity for purposes of Form I-9. If employers completed Form I-9 between May 1, 2020, and April 30, 2022, using an expired List B document, employers need to update Form I-9 with an unexpired document from List A or List B by July 31, 2022.  If ...
irs documents piled with a pen, indoors
The IRS has issued proposed regulations to require that "affordability" of health plans be based on the cost of coverage for not only the employee (as provided under current regulations) but also the employee's family members.  The proposed regulations would allow family members who pay more than 10% of income for coverage to receive premium tax credits t...
amazon pickups and returns sign, outside of building
In early April, an employee-led labor organization was the first to unionize an Amazon warehouse.  The employee-led group that won, however, was not a traditional labor union.  It is called the Amazon Labor Union, a volunteer organizing operation among current or former Amazon warehouse employees with no formal ties to existing unions.  The employee-led g...

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