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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 PROS AND CONS OF PROHIBITING EMPLOYEES’ RECORDINGS

| June 2018
The issue of whether an employer should allow employees to record or video conversations is very important, and very controversial.  There are many legal and practical considerations.  Let’s take the legal issues first. During the Obama Administration, the NLRB overruled prior precedent and ruled that employers could not ban all audio or video ...
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JOINT-EMPLOYER REVERSAL ITSELF RESCINDED

| April 2018
If employers thought they were in a state of confusion on joint employer issues, their state of confusion has now reached a new level.  In February 2018, this newsletter reported that the NLRB’s 2015 Browning-Ferris decision had been reversed by a December 2017 ruling in Hy-Brand.   The newer Hy-Brand NLRB ruling restored traditional NLRB l...
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TAX BILLS COMING OVER ACA ISSUES

| April 2018
Two forms of tax bills may be coming to employers this year concerning the ACA.  First, certain reporting requirements are required of employers who average 50 or more full-time employees.  Such employers who did not file Forms 1094-C and 1095-C in a timely manner will be subject to penalties of as much as $250 for each untimely disclosure to an...
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STATUS OF CHANGES IN NATION’S HEALTHCARE POLICY

| April 2018
Although the administration has been unable to rescind the Affordable Care Act (ACA), better known as ObamaCare, the tax reform legislation repealed the individual mandate portion of the ACA.  Individuals will no longer be taxed if they fail to participate in healthcare programs.  The effect of the repeal of the individual mandate is that, in th...
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WHERE WE ARE ON DACA, REFUGEES AND IMMIGRATION REFORM

| April 2018
Back in September, President Trump announced that the program called "Deferred Action for Childhood Arrivals (DACA)" would end on March 5, 2018.  Subsequently, two district court judges issued injunctions blocking that plan and ordered administration officials to continue to process DACA renewals.  On February 26, 2018, the U.S. Supreme Court re...
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SHOULD EMPLOYERS KEEP EMAIL ADDRESSES OF EMPLOYEES, OR NOT?

| March 2018
Some employers are asking whether they should collect employee email addresses.  The main concern is that under the NLRB "quickie election" rule, after a union files an election petition with the NLRB, the union is entitled to the email addresses of voting employees retained by the employer.  Thus, by collecting employee email addresses, the emp...
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REASONS FOR THE DECLINE IN UNION STRIKES

| March 2018
Over the last 25 years, the number of U.S. workers who are members of unions has dropped from about 16.7 million to about 14.8 million, even though the total workforce has grown significantly over that period of time.  According to Bloomberg Law Labor Data, however, the number of strikes has dropped six times faster, from 793 in 1990 to 102 in 2015. ...
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WILL ICE RAIDS RETURN AND IN WHAT FORM?

| March 2018
Immigration and Customs Enforcement (ICE) acting Director Thomas Homan said last October that he would quadruple ICE’s worksite enforcement efforts, but did not give any details.  Let us review a little history of ICE "raids" as they have been conducted in the past, and what it means for employers this year, particularly beginning with the new fiscal...
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TAX CUT CAUSES EXECUTIVES TO ENTER POLITICAL DISCUSSION

| February 2018
The executives of corporations have increasingly entered the political fray in one way or another.  For example, multi-national companies tend to support issues such as globalization, trade and immigration, and other companies have supported goals such as protecting the environment, ethnic diversity and gay rights.  In doing so, companies must b...
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LABOR DEPARTMENT NOW SUPPORTS UNPAID INTERNSHIPS

| February 2018
On January 5, 2018, the U.S. Department of Labor set forth new guidelines establishing a "primary beneficiary test" for the legality of unpaid internships.  Seven factors will be used to determine whether the internship meets the standard, including whether training is provided that "would be similar to that which would be given in an educational env...
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Other NLRB Reversals of Obama-Era Policies

| February 2018
While the above three cases involving a return to pre-Obama NLRB precedents are perhaps the most heavily publicized, there are other less publicized but also important reversals.  Thus, the new majority has returned to earlier cases giving NLRB administrative law judges the discretion to approve settlement terms proposed by a respondent (usually the ...
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