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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.

NEW NLRB RULINGS CHANGING THE LANDSCAPE

| February 2018
In late 2017, the NLRB had its first Republican majority of three members in many years.  The majority was short-lived, however, as the term of the Republican Chairman Miscimarra expired on December 15, 2017.  Miscimarra had been on the Board during the many years of Obama-era NLRB rulings, during which some 92 NLRB precedents were overturned.&nbs…
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CHANGES IN WORK-AT-HOME EMPLOYER POLICIES

| January 2018
There has been a business trend for a number of years for employers to increasingly allow employees to work at home.  Indeed, cases have even been brought by plaintiffs contending that home work must be allowed as a reasonable accommodation for an employee with a disability.  Now, for the first time, this trend has reversed with fewer employers ad…
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NLRB TO REVIEW QUICKIE ELECTION RULES

| January 2018
On December 12, 2017, the NLRB stated that it is publishing a Request for Information in the Federal Register, asking for public input regarding the Board’s 2014 Election Rule (the quickie or ambush election rule).  The Board will seek information from interested parties regarding three questions: 1.   Should the 2014 Election Rule be retain…
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NEW NLRB GENERAL COUNSEL MAKES IMMEDIATE CHANGES IN POLICY

| January 2018
The most important person in many federal agencies is not the head of the agency, but the agency’s General Counsel.  For example, it is the General Counsel of the NLRB and the EEOC that decide what cases to prosecute, and what theories to use.  Admittedly, agency tribunals themselves determine the outcome of cases, but the cases never get to the a…
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NEW APPROACHES NECESSARY IN AVOIDING HARASSMENT CLAIMS

| January 2018
There is an epidemic of harassment and harassment claims across the country.  The standard fare for dealing with such claims in the past has been to: (1) have a good policy statement that is well publicized; (2) provide training; and (3) investigate and take appropriate remedial action when complaints arise.  While these are still the basics of de…
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"Quickie" Union Election Rules Slowed Down

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
For employers concerned about union organizing campaigns, the so-called "quickie" union election rules promulgated in 2014 were among the most dangerous things ever to hit labor law - only surpassed by the "card-check" proposals.  Unions try to keep their campaigns secret for as long as possible, so they can develop a solid majority for unionization without…
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Wal-Mart Changes Policies to Improve Attendance

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Wal-Mart, as the largest employer in the U.S., often draws attention when it changes its employment policies.  Such changes are particularly noteworthy where they address nationally sensitive employment issues like attendance and sick leave.
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Current NLRB Recent Rulings on Union Lobbying and Protected Concerted Activity Make Changes

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
It is well recognized that the current National Labor Relations Board (NLRB) is reversing some of the Obama-era rulings that adversely affected the employer community.  One of the issues addressed is whether a union in a non-right-to-work state may charge non-members "agency fees" for certain activities not directly relating to collective bargaining.  In su…
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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 requirement…
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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 most…
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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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