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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.

TRUMP’S "STRAY REMARKS" HAVE DOOMED HIS IMMIGRATION EXECUTIVE ORDERS

| June 2017
What do the court decisions on the Trump Administration’s executive orders banning entry by certain immigrants have to do with discrimination law?  It turns out the answer is "a lot."  The main objections to Trump’s executive order is that his words as a presidential candidate were used to show that the travel ban may be an unconstit...
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WHAT NOW AFTER DEFEAT OF OBAMACARE CHANGES?

| May 2017
House Republican leaders were forced to withdraw the proposed American Health Care Act after failing to gather a single Democratic vote and lacking support from the conservative GOP Freedom Caucus.  Although talk persists, there appears to be little likelihood of any immediate efforts to reintroduce the ObamaCare alternative.  ObamaCare thus cur...
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COURTS STRIKE DOWN BROAD FEDERAL AGENCY SUBPOENAS FOR EMPLOYMENT INFORMATION

| May 2017
A couple of recent federal rulings have given encouragement to employers facing overbroad and often unreasonable federal agency subpoena demands for a broad array of employment information.  In a recent federal appeals court ruling, the court affirmed a district court judge’s ruling that the EEOC was not entitled to enforce its subpoena request...
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FEDERAL CONTRACTOR "BLACKLISTING" EXECUTIVE ORDER OVERTURNED BY CONGRESS

| May 2017
On March 6, 2017, Congress gave final approval to legislation invalidating President Obama’s Fair Pay and Safe Workplaces Executive Order, and various implementing rules.  This order has been commonly called the "blacklisting" order, as it would require federal contractors to report recent violations of labor and employment laws when bidding on...
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EMPLOYERS SUED FOR NEGLIGENCE WHERE EMPLOYEE COMMITS VIOLENT ACT ELSEWHERE

| May 2017
Employers are well familiar with the concept that they may be sued for negligence for maintaining the employment of a sexual or other type harasser, particularly where another employee is adversely affected.  One case involves a recent Seventh U.S. Circuit Court of Appeals ruling in the Home Depot case, in which a supervisor murdered an employee whil...
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LGBT ISSUES ARE IN TRANSITION

| May 2017
Mixed signals are developing from several regulatory and judicial pronouncements on transgender and other LGBT issues.  On January 31, 2017, President Trump indicated that he intended to maintain an Obama-era Executive Order signed to protect gay, lesbian, bi-sexual and transgender federal workers and contractors from workplace discrimination.  ...
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PRESIDENT TRUMP’S IMMIGRATION MOVES ARE MIXED

| April 2017
While the Trump Administration may be doing away with many of former President Obama’s immigration enforcement policies, his moves are really not as one-sided as the press would indicate.  There has been much publicity about the February 21, 2017 release of two memos from Homeland Security Secretary John Kelly, but those memos actually leave in...
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NATIONAL RIGHT-TO-WORK GROWING

| April 2017
After going almost 50 years without any state passing a right-to-work law, six states have passed right-to-work laws in the last five years.  The latest two states are Missouri and Kentucky, which became right-to-work states this year.  Now there are 28 right-to-work states.  The only recent setback to right-to-work has been in New Hampshir...
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REPUBLICANS PROPOSE ALTERNATIVE TO OBAMACARE

| April 2017
On March 6, 2017, Republicans finally presented their alternative to ObamaCare, which would repeal and replace the prior law.  The American Health Care Act is a major piece of legislation which is a bit of a compromise measure to address the difficulties of ObamaCare.  Some conservative Republicans feel that it does not go far enough, and contin...
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EEOC RULES ON WELLNESS PLANS TAKE EFFECT

| March 2017
New EEOC rules allowing employers to offer employees incentives to participate in wellness programs took effect on January 1, 2017.  The AARP had sued to block the rules contending that the rules permit employers to compel employees to surrender private health and genetic information that the ADA and GINA generally protect from involuntary disclosure...
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RECENT DEVELOPMENTS IN IMMIGRATION WORK AUTHORIZATION PROCEDURES

| March 2017
A number of recent developments have occurred in worker authorization for purposes of the immigration laws.  Form I-9.  All employers must use the new Form I-9 beginning no later than January 21, 2017. Notice of Suspect Documents.  An employer who receives a "Notice of Suspect Documents" from the government must take certain steps to avo...
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