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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.

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Exemptions to Wage-Hour Law No Longer to Be Narrowly Construed

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An April decision of the U.S. Supreme Court has important ramifications beyond its ruling pertaining to auto dealerships.  Encino Motor Cars, LLC v. Navarro, No. 16-1362 (U.S. 4/2/18).  The overtime rule exempts any salesman, partsman or mechanic primarily engaged in selling or servicing automobiles, trucks or farm implements.  The lower court ruled that ...
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Employer Can Pursue Fraud Claim against Undocumented Worker

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Undocumented workers generally have the right to bring lawsuits under the wage-hour and discrimination laws.  While their right to reinstatement and future pay may be limited because of the immigration laws, they generally are considered to have remedies nevertheless under these laws.  At the same time, when employers are sued, they in theory have the rig...
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Trump Issues Executive Order to Improve Economy by Getting Persons off Welfare and into Employment

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The percentage of working-age Americans actually working has significantly dropped over the last 10 years.  At the same time, unemployment rates are dropping to a modern low, approximately 4%, and are expected to drop to around 3.5% over the next year.  America needs workers, and workers need jobs to improve their income and self-image. 
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ICE Head Promises to Multiply Worksite Enforcement Actions

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a speech given on October 17, acting Immigration and Customs Enforcement ("ICE") Director Tom Human stated that he has instructed Homeland Security Investigations, the investigative unit of ICE, to quadruple worksite enforcement actions next year, referring to the next fiscal year beginning October 1, 2018.  He also stated that "not only are we going t...
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Trump Moves to Administratively Change the ACA

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
While Congress could not legislatively repeal or even modify the Affordable Care Act ("ACA"), President Trump is moving to make significant changes in it administratively through the executive power.  The Executive Order issued on October 12, 2017 instructs federal agencies to lay the groundwork for allowing less-expensive insurance plans with fewer benef...
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Medical Pot, Synthetic Drugs, Raise New Drug-testing Issues for Employers

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
With the growth in the use of medical marijuana and the continuing expansion of synthetic drugs, traditional employer drug-testing policies may need review.  Let’s take the pot issue first.
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Plaintiffs’ Class Action Lawyers Go Too Far in Soliciting Clients

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers often complain about so-called "ambulance chasing" plaintiffs’ lawyers.  In a recent ruling, a federal judge in Pennsylvania chastised a plaintiffs’ law firm about its solicitation efforts and set forth guidelines about accuracy and honesty in efforts to recruit clients to join in a class action as plaintiffs.  Katz v. DNC Servs. Corp., No. 2:16...
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EEOC Required to Pay Employer Almost $2 Million in Legal Fees

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In September, a federal judge ruled that the Equal Employment Opportunity Commission ("EEOC") must pay an employer almost $2 million in legal fees for pursing class sexual harassment claims against a company that it knew or should have known were frivolous.  EEOC v. SRST Van Expedited, Inc., No. 07-CV-95 (N.D. Iowa, 9/22/17).  The EEOC had claimed that th...
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OSHA Releases Top 10 List of Safety Violations (2017)

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
OSHA released its list in September of the 10 most commonly cited safety violations. 
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Nissan Workers in Mississippi Vote No Union

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a long-standing saga, Southern auto workers have again rejected the United Auto Workers Union, this time after a 12-year campaign to organize the Nissan plant in Canton, Mississippi.  The vote was 2,244 to 1,307 against the union on August 3-4.  The union supporters thought they had certain demographics in their favor, since 80% of the Nissan workforce...
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TEXAS COURT NULLIFIES OBAMA-ERA OT RATE HIKE: WHAT’S NEXT?

| October 2017
On August 31, 2017, in Nevada v. U.S. Department of Labor, 2017 WL 3780085 (S.D. Tex.), a federal court in Texas formally nullified the Obama administration's dramatic revisions to the federal overtime rule.  The court held that the previous Administration exceeded the authority Congress gave it when it dramatically expanded the number of people enti...
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