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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.

HOW TO MANAGE THE RETURN OF SOCIAL SECURITY NO-MATCH LETTERS

| June 2019
Social Security "no-match" letters generate a great deal of concern in the employer community as to how to handle such issues.  Immigration and Customs Enforcement (ICE) has in the past taken the position that receipt of one of these notifications creates an affirmative duty to investigate and potentially take action, at least to avoid a potential find…
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TERMINATING EMPLOYEES FOR MEDICAL MARIJUANA STARTING TO RAISE SERIOUS LEGAL ISSUES

| May 2019
Federal law still considers marijuana illegal, and it is exempt from positive drug-testing protection under the ADA.  For many years, arbitrators and courts allowed employers to terminate employees who tested positive for marijuana, even in medical marijuana situations.  Since 2017, however, the situation has become more confusing. Courts in at l…
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Joint Employment

| May 2019
On April 1, 2019, DOL published a third proposal rule over two weeks, this one dealing with joint employment.  The Fair Labor Standards Act (FLSA) allows joint employer situations where an employer and a joint employer are jointly responsible for the employee's wages.  This is a major issue for companies that could be potentially liable for wage a…
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Regular Rate

| May 2019
On March 28, 2019, DOL announced a proposed rule to clarify and update the regulations governing the "regular rate" on which overtime is computed.   Under current rules, employers are discouraged from offering more perks to their employees as it may be unclear whether those perks must be included in the calculation of an employees' regular rate of…
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TWO OTHER DOL REGULATIONS PROPOSED ON JOINT EMPLOYMENT AND REGULAR OVERTIME RATE

| May 2019
The Department of Labor (DOL), on March 7, 2019, published its proposed "white collar" overtime exemption regulations, raising the previously required $23,660.00 annualized salary to $35,308.00.  Employers may still satisfy up to 10% of the minimum required salary by the payment of nondiscretionary bonuses, incentives and commissions, as long as the bo…
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PAY EQUITY DATA MAY BE REQUIRED FOR EEO-1 REPORTS

| May 2019
In 2016, the EEOC mandated that a significant amount of pay data be submitted by employers with their EEO-1 annual reports.  The new report form required employers to enumerate employee demographics by pay-band - the various pay bands and persons in those bands would be summarized by race, sex and national origin.  In 2017, the Trump Administrati…
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Concerted Activity

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
One of the most vexing issues for employers over the years is whether the action of an individual employee constitutes "protected concerted activity," which is protected against retaliation by the employer under the Labor Act.  Some of these cases, often decided adversely to the employer, arise in a context in which a single employee engages in some type of…
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DOES CAMPUS RECRUITING OR LIMITS ON EXPERIENCE FOR APPLICANTS VIOLATE THE AGE DISCRIMINATION LAWS

| March 2019
Do employers violate the Age Discrimination In Employment Act (ADEA) in only recruiting at college campuses or turning away applicants for having too much experience?  The Seventh Circuit has a simple answer to that question, in a ruling on January 23, 2019, that the federal age discrimination law does not protect older applicants from the unintended d…
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WATCH OUT FOR FAIR CREDIT REPORTING ACT DISCLOSURE DOCUMENTS

| March 2019
The Fair Credit Reporting Act (FCRA) prohibits the use of consumer reports for employment purposes unless "a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured in a document that consists solely of the disclosure that a consumer report may be obtained for employment pu…
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EMPLOYERS MAY NOT BE ABLE TO REQUIRE MANDATORY ARBITRATION OF LEGAL CLAIMS BY TRANSPORTATION WORKERS

| March 2019
The Federal Arbitration Act is a federal law that encourages the arbitration of legal claims.  Fifty-five percent of American workers are covered by mandatory arbitration provisions in their employment contracts with their employers, according to published reports.  Many of these mandatory arbitration provisions preclude an employee from bringing…
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NLRB REVERSES OBAMA-ERA INDEPENDENT CONTRACTOR TEST

| March 2019
During the Obama administration, the NLRB overturned 92 traditional NLRB doctrines.  The current Trump administration's NLRB is in the process of attempting to reverse the Obama-era rulings, thus going back to the prior doctrines.  The latest example occurred in the January 25 ruling of the NLRB in Super Shuttle DFW, 16-RC-010963 (1/25/19). …
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