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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.

old typewriter with a page that says equality, indoors

EEO-1 Report Likely to Require Pay Equity Data

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
For many years, employers with more than 100 employees have been required to report the sexual and racial makeup of their workforces within designated categories of workers.  Consistent with a national trend toward pay equity, during the Obama Administration, the Equal Employment Opportunity Commission (EEOC) revised its EEO-1 form to include a requiremen...
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State and Federal E-Verify Rules Often Not Enforced

| October 2018
The federal E-Verify system was started in the 1990s as a voluntary program, but became mandatory for federal contractors in 2009.  Even among employers signing up for E-Verify, however, collected data indicates that many employers sign up for E-Verify but do not use it, at least not in all cases.  For example, it has been reported that Georgia has the mo...
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Mission and Purpose Not Only Necessary for Company Mission Statements

| October 2018
Larger employers today often have mission statements.  At the same time, in today’s tight labor market, anything that will improve hiring and retention is considered important.  One approach is to encourage employees to have a mission and purpose within the company.
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squirrel eating a nut

Dealing with an Employee Who Other Employees Complain about Being a "Nut Case"

| October 2018
Many companies have experienced situations in which employees complained of a co-worker they considered a "nut case."  A recent ruling from the Seventh Circuit Court of Appeals illustrates these situations and provides some guidance to employers.  Painter v. Illinois Department of Transportation, 2017 BL 435456 (C.A. 7, 12/6/17).
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NLRB Counsel Supports Employer's Right to Prohibit Union Organizing Emails on Company Equipment

| October 2018
The National Labor Relations Board has ruled on many occasions in the past that employees have no statutory right to use an employer's equipment or media as long as the employer's restrictions are non-discriminatory.  Thus, an employer may place non-discriminatory restrictions on the use of its equipment for business purposes, such as bulletin boards, cop...
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New "Joint Employer" Federal Rule Proposed

| October 2018
The National Labor Relations Board (NLRB) has proposed a new federal rule to solve the controversial issue of whether one employer is considered a "joint employer" of another's employees.  Under the proposed rule, an employer may be found to be a joint employer of another employer's employees only if it possesses and exercises substantial, direct and imme...
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Should Employers Consider Deleting Pot from Their Drug Tests?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The U.S. is currently experiencing the tightest labor market in 17 years.  At the same time, marijuana is becoming more widely accepted in the U.S., as about two-thirds of Americans support its legalization.  More than half dozen states have legalized pot for recreational purposes, and 29 states have legalized it for medical purposes.  Employers do not sc...
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Exemptions to Wage-Hour Law No Longer to Be Narrowly Construed

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
An April decision of the U.S. Supreme Court has important ramifications beyond its ruling pertaining to auto dealerships.  Encino Motor Cars, LLC v. Navarro, No. 16-1362 (U.S. 4/2/18).  The overtime rule exempts any salesman, partsman or mechanic primarily engaged in selling or servicing automobiles, trucks or farm implements.  The lower court ruled that ...
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man using a computer in a dark room

Employer Can Pursue Fraud Claim against Undocumented Worker

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Undocumented workers generally have the right to bring lawsuits under the wage-hour and discrimination laws.  While their right to reinstatement and future pay may be limited because of the immigration laws, they generally are considered to have remedies nevertheless under these laws.  At the same time, when employers are sued, they in theory have the rig...
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jar of money with a plant coming out, indoors

Trump Issues Executive Order to Improve Economy by Getting Persons off Welfare and into Employment

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The percentage of working-age Americans actually working has significantly dropped over the last 10 years.  At the same time, unemployment rates are dropping to a modern low, approximately 4%, and are expected to drop to around 3.5% over the next year.  America needs workers, and workers need jobs to improve their income and self-image. 
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metal push sign

ICE Head Promises to Multiply Worksite Enforcement Actions

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In a speech given on October 17, acting Immigration and Customs Enforcement ("ICE") Director Tom Human stated that he has instructed Homeland Security Investigations, the investigative unit of ICE, to quadruple worksite enforcement actions next year, referring to the next fiscal year beginning October 1, 2018.  He also stated that "not only are we going t...
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