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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.

EMPLOYERS PROVIDING PARENTAL LEAVE MUST NOT DISCRIMINATE AGAINST FATHERS

| September 2018
More and more employers utilize some form of parental leave to allow bonding with a new child.  Some say the moves help in hiring and retention of top talent.  Regarding such leave, however, the purpose of the parental leave is for child bonding, and the discrimination laws require the same rights to be extended to fathers as are extended to mothe…
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UNION OBSTACLES IN WITHDRAWING FROM DUES CHECK-OFF OBLIGATIONS

| September 2018
A recent NLRB ruling demonstrates how unions often place obstacles on the ability of employees to withdraw from their union dues check-off obligations.  Teamsters Local 385 (Walt Disney Parks), 366 NLRB No. 90 (6/20/18).  In this case, the Teamsters Local was found to have deliberately failed to respond to employees of Walt Disney and United Parce…
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UNION GAINS SOUTHERN FOOTHOLD

| September 2018
When Boeing technicians voted 104-65 for representation by the machinist union in Charleston on May 31, 2018, it had some significance.  First, this was an unusual victory for unions in South Carolina.  Second, the victory directly raised the controversial issue of "micro-units" in union representation elections.  Boeing has a major facility…
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OSHA TO REDUCE ELECTRONIC REPORTING REQUIREMENTS

| September 2018
OSHA issued a notice on July 28, 2018 that it is planning to withdraw the requirement that work sites with 250 or more employees submit certain types of injury and illness documents.  Under a rule issued during the Obama Administration, OSHA had planned to require the submission of Form 300, annual summary of every work-related injury or illness requir…
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RECENT DEVELOPMENTS SHOW INCREASING SENSITIVITY OF HARASSMENT ISSUES

| September 2018
Recent news developments show the increasing sensitivity of harassment issues including inappropriate language.  During July, the founder and chairman of Papa John's was forced out over comments made during a May conference call in which he allegedly used the slur "n - - - - -," explaining that other chains used the word but his chain did not, referrin…
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ICE ENFORCEMENT ACTIVITY HAS DOUBLED AND MORE INCREASES PLANNED

| September 2018
During Fiscal Year 2018, which began last October 1, U.S. Immigration and Customs Enforcement (ICE) has doubled its enforcement activities.  It has opened some 3,510 workplace investigations, between October 1 and May 4, up from 1,716 during all of the previous fiscal year.  That number is expected to reach around 5,500 by the end of the current f…
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PERSUADER RULE ON ADVICE FROM ATTORNEYS/CONSULTANTS RESCINDED

| August 2018
One of the most controversial proposed regulations during the Obama Administration imposed public reporting requirements on employers who obtained advice on union matters.  The proposed regulations required reporting on the type advice and the fees involved.  On July 17, 2018, the Department of Labor issued a final rule rescinding the so-called "P…
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TRUMP'S TRAVEL BAN FROM EIGHT COUNTRIES UPHELD

| August 2018
On June 26, 2018, the Supreme Court upheld President Trump's travel ban imposed against eight countries, rejecting the contention that the President had exceeded his authority and violated the Constitution by targeting Muslims.  The 5-4 majority ruled that the immigration laws grant the President broad discretion to restrict the entry of aliens wheneve…
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SIGNIFICANCE OF JUDGE KAVANAUGH'S NOMINATION TO THE SUPREME COURT

| August 2018
Most expect Judge Kavanaugh to continue the pro-employer rulings in labor and employment matters issued by his mentor, the recently retired Justice Anthony Kennedy.  His previous rulings suggest he would uphold mandatory arbitration agreements and support pre-Obama era case precedents under the National Labor Relations Act, such as on the joint-employe…
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SMALL EMPLOYERS CAN FORM ASSOCIATION HEALTH PLANS TO LOWER COSTS

| August 2018
Employers, particularly small employers and working owners, have a new way to control healthcare costs as a result of a Department of Labor (DOL) rule published in the Federal Register on June 21, 2018.  President Trump in October 2017 signed an Executive Order directing the DOL to issue rules governing the formation and management of association healt…
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SUPREME COURT ADOPTS RIGHT-TO-WORK FOR STATE AND LOCAL EMPLOYEES

| August 2018
The long-awaited Supreme Court ruling in the Janus case arrived on June 27, 2018.   Janus v. American Federal of State, County, and Municipal Employees, et al., (No. 16-1466).  As stated by the Supreme Court, the issue was whether public employees can be forced to subsidize a union, even if they choose not to join and strongly object to the p…
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