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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 SIGNIFICANCE OF THE DACA DEVELOPMENTS

| October 2017
On September 5, 2017, President Trump announced that he would end the program that protects undocumented immigrants that entered the U.S. as children, while urging Congress to pass broad immigration legislation protecting these persons.  The Obama Administration initiated the Deferred Action for Childhood Arrivals (DACA) in 2012 stating that immigrat...
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EXPANDED EEO-1 PAY DATA FORM PUT ON HOLD

| October 2017
On August 29, 2017, the Office of Management and Budget (OMB) informed the Equal Employment Opportunity Commission (EEOC) that it is initiating a review and immediate stay of the new pay data collection aspects of the EEO-1 form that was developed during the Obama Administration.  The expanded form would have required employers with 100 or more emplo...
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EEOC AND JUSTICE DEPARTMENT ON OPPOSITE SIDES OF CLASS ACTION WAIVER AND SEXUAL ORIENTATION ISSUES

| October 2017
A somewhat interesting situation has resulted from the change in administrations, with the National Labor Relations Board (NLRB) and the Department of Justice (DOJ) taking opposite positions in a couple of important pending court cases.  In October, two arguments will be heard in a U.S. Supreme Court case that is actually a consolidation of several c...
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NEW FORM I-9 MUST BE USED STARTING SEPTEMBER 18, 2017

| September 2017
USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17. Instructions for how to download Form I-9 are available on the Form I-9 page. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17. On Sept. 18, employers must use the revised form with a revision ...
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HOLD UP ON THOSE OSHA INJURY REPORTS

| September 2017
OSHA adopted a rule during the Obama Administration requiring certain employers to file their annual injury and illness summaries (Form 300A) electronically summarizing the number of on-the-job deaths, injuries and illnesses, and recordable incidents causes in workplaces.  While the form does not include details of each incident or the number of empl...
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UPS SETTLEMENT REMINDS EMPLOYERS OF "MAXIMUM LEAVE" ISSUES

| September 2017
UPS has just settled a lawsuit brought by the Equal Employment Opportunity Commission (EEOC) alleging the company’s inflexible leave policy discriminated against disabled workers.  The fact pattern of the lead claimant shows the type of situations that generate these issues.  An employee took a 12-month leave of absence, returned to work for a f...
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RECORD RETENTION POLICIES AND TEXT MESSAGING

| September 2017
It should be no surprise to employers that issues are now arising concerning text messages that are similar if not identical to issues over the last few years pertaining to retention of emails.  In significant litigation, each side seeks to gain access to emails of the other parties that might assist their position in the case.  Legal rules requ...
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EEOC REQUIRED TO FURTHER REVIEW WELLNESS PROGRAM REGULATIONS

| October 2017
Employer wellness programs have become increasingly popular in recent years as a device that might be a "win-win" to reduce health care costs, improve employee health and productivity, and also show that the company is interested in the well-being of its employees.  However, wellness programs (including those which require medical examinations before...
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FIRING OVER COMMENTS ABOUT DIVERSITY PROGRAMS, RACIAL TAUNTS ON PICKET LINES, AND SUPREMACIST RALLIES

| September 2017
Several incidents have occurred over the past week or two that create fascinating (at least for lawyers) legal and strategic issues. The most well-publicized of the incidents occurred when a Google engineer was fired for writing and distributing a memo criticizing his employer’s gender diversity program. The second occurred when an employer fired a union ...
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OSHA ELECTRONIC INJURY DATA REPORTING REQUIREMENTS DELAYED UNTIL DECEMBER

| August 2017
The Obama-era OSHA rule requiring employers to submit injury and illness date electronically to the agency that was originally set to go into effect on July 1, 2017, has been delayed to December 1, 2017, according to a proposed delay submitted by OSHA.  OSHA states that the agency plans to issue a separate proposal to review or remove various provisi...
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ADMINISTRATION TELLS COURT IT PLANS TO REVISE SALARY OVERTIME RULE

| August 2017
Last year a salary overtime rule was to take effect raising minimum salary levels required for certain managerial overtime exemptions from about $24,000.00 to about $47,000.00.  Last November, a federal district court in Texas enjoined the rule’s implementation and the issue was appealed to the Fifth Circuit Court of Appeals.  Labor Department l...
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