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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.

DANCERS SUE EMPLOYER CLAIMING RECLASSIFICATION AS EMPLOYEES WAS RETALIATION

| March 2019
Employers are well aware of classification issues as to whether workers are employees or independent contractors.  Use of independent contractors offers great advantages to employers, including saving of payroll taxes and the avoidance of union and employment claims.  On the other hand, there is widespread litigation over misclassification issues…
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CAUTION NECESSARY FOR WELLNESS PROGRAMS DUE TO RECENT DEVELOPMENTS

| March 2019
Many employers are successfully using wellness programs and finding that good programs can be a"win-win."  That is, employee wellness improves attendance and reduces healthcare plan costs, while showing the employer's desire to help workers.  Unfortunately, there are many legal issues in setting up and operating a wellness plan.  While the Af…
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DRONES NOW BEING USED BY OSHA

| February 2019
The Occupational Safety and Health Administration (OSHA) started using drones during 2018, although the number of inspections in which drones have been used is relatively small.  Use of the drones by OSHA is likely to expand, but currently are most often used following accidents at work sites considered too dangerous for OSHA inspectors to enter. …
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White Worker Gets Trial for Harassment from Being Called "Redneck/Hillbilly"

| February 2019
We all know that there are certain "buzz words" that often lead to harassment issues and problems.  Most of the buzz words are those used in harassment cases brought by minorities and females.  In a recent Georgia case, however, a white employee brought a harassment/retaliation case because of such a buzz word allegedly used against white employees.  Bland…
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APPEALS COURT ADOPTS OBAMA NLRB JOINT EMPLOYER STANDARD

| February 2019
Joint employment has probably been the most talked and written about subject in labor and employment law circles in recent years.  It is so important that both the National Labor Relations Board (NLRB) and the Department of Labor (DOL) are attempting to draft regulatory definitions.  It affects whether one company is liable for another company's e…
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OBAMACARE RULED UNCONSTITUTIONAL

| January 2019
On December 14, 2018, a Texas federal judge ruled that the Affordable Care Act (ACA) is unconstitutional.  The basis was that the ACA's individual mandate is no longer binding, because Republicans repealed its financial penalties as part of the 2017 tax reform legislation.  The Supreme Court had previously upheld the ACA by calling the mandate a "…
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MORE EMPLOYERS ARE OFFERING MEDICAL CLINICS

| January 2019
Kiplinger reports that providing workers with medical care on the job is expanding significantly.  By 2016, 40% of large employers had medical clinics on-site or nearby, compared with 25% in 2013.  Most facilities are primary care and wellness clinics that charge little or nothing.  While most are run by contractors, up to 30% of them are com…
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MORE EMPLOYERS ARE LOWERING HIRING STANDARDS

| January 2019
Some estimate that over the past year a quarter of America's employers have made significant changes to their hiring standards, such as skipping drug tests or criminal background checks or removing preferences for diplomas.  National employers may vary their hiring standards based upon the location involved.  Only a quarter of entry-level jobs now…
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LEARN ABOUT GOVERNMENT PRESS RELEASES FOLLOWING SETTLEMENTS

| January 2019
The Obama Administration followed a policy promoting “public shaming” of employers accused of law violations, as a deterrent to discourage violations.  These policies appear to have decreased but are still continuing under the Trump Administration.  A recent example shows why employers need to be careful in their settlement agreements with governm…
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UNION USE OF DEBIT CARDS TO COLLECT DUES IS NEW DEVELOPMENT

| January 2019
With the growing number of right-to-work states, and the new Janus Supreme Court ruling applying the right-to-work concept to governmental employees, unions are developing new tactics to maintain their income through dues collection.  Some locals of a very aggressive national union, the Service Employees International Union, have introduced a pre-paid…
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SHOULD MY COMPANY USE INDIVIDUAL ARBITRATION AGREEMENTS - USE CLASS/COLLECTIVE ACTION WAIVERS WITHOUT ARBITRATION - OR NEITHER?

| January 2019
Parties to contracts in recent years overwhelmingly favor the use of arbitration rather than court litigation to resolve disputes.  The general thinking is that arbitration is quicker, cheaper, more private, and avoids the potential of "runaway" juries.  The court system seems to like arbitration as well, as it lessens their case load and supports…
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