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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.

GOOGLE CONTINUES TO BE AFFECTED BY CORPORATE CULTURE ENCOURAGING OPEN DEBATE

| December 2019
This newsletter has noted in prior articles the significance that Google places on its workplace culture designed to encourage open debate. The culture has resulted in numerous attempts by Google employees to influence corporate policies, most notably pressing management to cancel certain contracts, including those related to the image-recognition system fo…
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NATIONAL SAFETY COUNCIL PUBLISHES EMPLOYER TOOLKIT FOR DRUG POLICIES AND ISSUES

| December 2019
The National Safety Council has published an Employer Toolkit for drug policies and issues, which is very informative and comprehensive.  The Toolkit furnishes an employer an excellent "checklist" of various items to consider, including such things as how opioids affect tolerance and ultimately lead to addiction, how to confront an employee, sample emp…
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STATUS OF EEOC PAY EQUITY DATA COLLECTION

| December 2019
As reported in this newsletter last month, a federal judge in the District of Columbia ruled that the EEOC had to implement its requirement that employers file certain pay equity data as part of their EEO-1 Component 2 filing due on September 30 of this year.  The EEOC has already announced that the pay equity data component will not be required after…
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FEDERAL AGENCIES MUST POST ALL GUIDANCE ON THEIR WEBSITE BY NEXT FEBRUARY OR SUCH WILL BE CONSIDERED RESCINDED

| December 2019
Last month, this newsletter reported that President Trump, on October 9, signed two executive orders to reduce the impact of agency guidance that had become a back door means of regulation.  Agencies are supposed to review all their federal guidance documents and rescind those no longer in effect.  The Office of Management and Budget has given age…
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HAVING TROUBLE WITH AGGRESSIVE FEDERAL INVESTIGATORS - READ THIS

| December 2019
It is not uncommon for many employers and their attorneys to complain that they are harassed by overly aggressive federal investigators, some of whom appear to be following prior administration policies that are no longer applicable.  In October, Cheryl Stanton, Administrator of the Department of Labor's Wage and Hour Division, addressed just this issu…
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INDEPENDENT CONTRACTOR LEGISLATION IN CALIFORNIA THREATENS GIG WORKERS

| November 2019
The California legislature has passed a bill that has been signed by its governor designed to reclassify many or most contract workers as employees.  The bill goes into effect January 1 of next year, and applies what is known as the "ABC Test" to employment status.  It requires companies that want to treat a worker as a contractor to prove that th…
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EEOC GAINS QUORUM AND NEW GENERAL COUNSEL

| November 2019
On August 1, 2019, the Senate approved Sharon Gustafson as the EEOC's new General Counsel and Charlotte Burroughs (D) for a second term as a member of the EEOC Commission.  Gustafson had been awaiting Senate approval for almost 15 months, giving the Administration its first Senate-confirmed General Counsel.  The authority of the EEOC General Couns…
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PRESIDENTIAL CAMPAIGN STAFFS PLAGUED BY ANTI-WORKER ACCUSATIONS

| November 2019
At least five Democratic presidential candidates have recognized labor unions as representatives of their campaign staffs, including Bernie Sanders, Elizabeth Warren, Cory Booker, Julian Castro, and Eric Swalwell.  Democratic candidates are catering to labor union votes, likely because of President Trump's strong support from union households in the la…
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APPROVAL OF UNIONS AT HIGHEST LEVEL IN MANY YEARS

| November 2019
According to a Gallup Poll on August 28 of this year, the approval rating for labor unions among the American public reached 64%.  This 64% approval rating is up 16 points from the all-time low just ten years ago.  The poll indicated that about 14% of Americans live in a union household.  The survey found an 86% approval rating among those li…
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PRESSURES FROM BOTH SIDES CREATED - AND RESOLVED - GM STRIKE

| November 2019
The situation between General Motors (GM) and the United Auto Workers (UAW) seemed a "perfect storm" for a labor dispute.  GM's profits have reached high levels in 2016 and 2017, before falling last year, with expectations for further downturns in U.S. auto sales.  The investment community had the opinion that GM coddled the UAW, and thus avoided…
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PRESIDENT TRUMP ISSUES NEW EXECUTIVE ORDERS TO CURB BACK-DOOR REGULATION

| November 2019
President Trump has signed two new executive orders on October 9, 2019 to reduce government regulations without formal rule-making.  At the signing ceremony, he stated: "For many decades, federal agencies have been issuing thousands of pages of so-called guidance documents - a pernicious kind of regulation imposed by unaccountable bureaucrats in the fo…
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