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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.

The Fair Credit Reporting Act (FCRA) prohibits the use of consumer reports for employment purposes unless "a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured in a document that consists solely of the disclosure that a consumer report may be obtained for employment pu…
The Federal Arbitration Act is a federal law that encourages the arbitration of legal claims.  Fifty-five percent of American workers are covered by mandatory arbitration provisions in their employment contracts with their employers, according to published reports.  Many of these mandatory arbitration provisions preclude an employee from bringing…
During the Obama administration, the NLRB overturned 92 traditional NLRB doctrines.  The current Trump administration's NLRB is in the process of attempting to reverse the Obama-era rulings, thus going back to the prior doctrines.  The latest example occurred in the January 25 ruling of the NLRB in Super Shuttle DFW, 16-RC-010963 (1/25/19). …
Employers are well aware of classification issues as to whether workers are employees or independent contractors.  Use of independent contractors offers great advantages to employers, including saving of payroll taxes and the avoidance of union and employment claims.  On the other hand, there is widespread litigation over misclassification issues…
Many employers are successfully using wellness programs and finding that good programs can be a"win-win."  That is, employee wellness improves attendance and reduces healthcare plan costs, while showing the employer's desire to help workers.  Unfortunately, there are many legal issues in setting up and operating a wellness plan.  While the Af…
The Occupational Safety and Health Administration (OSHA) started using drones during 2018, although the number of inspections in which drones have been used is relatively small.  Use of the drones by OSHA is likely to expand, but currently are most often used following accidents at work sites considered too dangerous for OSHA inspectors to enter. …
We all know that there are certain "buzz words" that often lead to harassment issues and problems.  Most of the buzz words are those used in harassment cases brought by minorities and females.  In a recent Georgia case, however, a white employee brought a harassment/retaliation case because of such a buzz word allegedly used against white employees.  Bland…
Joint employment has probably been the most talked and written about subject in labor and employment law circles in recent years.  It is so important that both the National Labor Relations Board (NLRB) and the Department of Labor (DOL) are attempting to draft regulatory definitions.  It affects whether one company is liable for another company's e…
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 "…
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 com…
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 now…