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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.

NLRB Overturns "Micro-Unit" Determinations

| February 2018
In order for a union to petition the NLRB to conduct a union election, the union must establish that the election will be held in an appropriate voting unit.  During the Obama-era, in a case called Specialty Healthcare, if a union petitioned for an election among a particular group of employees, those employees shared a community of interest, and the...
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NLRB Overturns Obama-Era Joint Employer Rules

| February 2018
In a controversial 2015 decision, a 3-2 Democratic majority NLRB ruled that indirect or even potential control over a subcontractor’s employees might lead to a joint employment relationship.  That case, Browning-Ferris, was of great concern to contractors, franchisors, and others who might be found jointly liable with another entity for that entity’s...
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NLRB Changes In Handbook Standards

| February 2018
On December 14, 2017, the new NLRB majority overturned the Obama-era rule that placed severe limits on employer handbook and policy rules that had been declared illegal if an employee might interpret the rule as prohibiting the exercise of union or concerted activities.  Such broad rules were said to be illegal because they "chilled" legitimate union...
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NEW NLRB RULINGS CHANGING THE LANDSCAPE

| February 2018
In late 2017, the NLRB had its first Republican majority of three members in many years.  The majority was short-lived, however, as the term of the Republican Chairman Miscimarra expired on December 15, 2017.  Miscimarra had been on the Board during the many years of Obama-era NLRB rulings, during which some 92 NLRB precedents were overturned.&n...
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CHANGES IN WORK-AT-HOME EMPLOYER POLICIES

| January 2018
There has been a business trend for a number of years for employers to increasingly allow employees to work at home.  Indeed, cases have even been brought by plaintiffs contending that home work must be allowed as a reasonable accommodation for an employee with a disability.  Now, for the first time, this trend has reversed with fewer employers ...
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NLRB TO REVIEW QUICKIE ELECTION RULES

| January 2018
On December 12, 2017, the NLRB stated that it is publishing a Request for Information in the Federal Register, asking for public input regarding the Board’s 2014 Election Rule (the quickie or ambush election rule).  The Board will seek information from interested parties regarding three questions: 1.   Should the 2014 Election Rule be reta...
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NEW NLRB GENERAL COUNSEL MAKES IMMEDIATE CHANGES IN POLICY

| January 2018
The most important person in many federal agencies is not the head of the agency, but the agency’s General Counsel.  For example, it is the General Counsel of the NLRB and the EEOC that decide what cases to prosecute, and what theories to use.  Admittedly, agency tribunals themselves determine the outcome of cases, but the cases never get to the...
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NEW APPROACHES NECESSARY IN AVOIDING HARASSMENT CLAIMS

| January 2018
There is an epidemic of harassment and harassment claims across the country.  The standard fare for dealing with such claims in the past has been to: (1) have a good policy statement that is well publicized; (2) provide training; and (3) investigate and take appropriate remedial action when complaints arise.  While these are still the basics of ...
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"Quickie" Union Election Rules Slowed Down

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
For employers concerned about union organizing campaigns, the so-called "quickie" union election rules promulgated in 2014 were among the most dangerous things ever to hit labor law - only surpassed by the "card-check" proposals.  Unions try to keep their campaigns secret for as long as possible, so they can develop a solid majority for unionization witho...
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Inside of a walamrt, shelves of food

Wal-Mart Changes Policies to Improve Attendance

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Wal-Mart, as the largest employer in the U.S., often draws attention when it changes its employment policies.  Such changes are particularly noteworthy where they address nationally sensitive employment issues like attendance and sick leave.
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building lobby

Current NLRB Recent Rulings on Union Lobbying and Protected Concerted Activity Make Changes

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
It is well recognized that the current National Labor Relations Board (NLRB) is reversing some of the Obama-era rulings that adversely affected the employer community.  One of the issues addressed is whether a union in a non-right-to-work state may charge non-members "agency fees" for certain activities not directly relating to collective bargaining.  In ...
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