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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.

ARE YOU READY FOR OCTOBER 1, 2013?

| September 2013
On May 8, 2013, the U.S. Department of Labor (DOL) provided temporary guidance about the soon-to-launch Obamacare exchanges. According to the guidance, employers must provide notice about the exchanges to current and all newly hired employees starting no later than Oct. 1, 2013 (“Exchange Notice”). DOL also announced an updated model election...
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USE OF PAYROLL CARDS RAISING LEGAL AND STRATEGIC ISSUES

| December 2013
Many employers have found the use of payroll cards to be extremely advantageous, not only to the employer, but to employees as well. Employers can save around $50.00 per employee per year, due to eliminating the need to physically provide a paycheck, reducing or eliminating bank service fees, and reducing paycheck fraud. Similarly, many employees do not h...
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EMPLOYER PLANS DEVELOPING FOR FUTURE OF HEALTHCARE

| December 2013
Several trends in current as well as long-range plans are developing for private employers concerning healthcare. In terms of immediate developments, several large employers, including United Parcel Service and Delta Airlines, have announced that they will remove thousands of spouses from their healthcare coverage because they are eligible for coverage el...
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THE ISSUE OF POLICY CANCELLATION

| December 2013
Other negative public relations issues for Obamacare emerged at the end of October, when as many as 10 million American consumers are expected to have their individual healthcare plans terminated by their insurers effective on or around the first of next year. Currently, about 15 million people are covered under individual healthcare plans without regard ...
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MORE OBAMACARE POSTPONEMENTS AND OTHER DEVELOPMENTS

| December 2013
The Administration announced in October that it was postponing for individuals their obligations to sign up for healthcare without penalties for about six weeks. On October 23, the Administration announced that if consumers sign up for mandated healthcare coverage by the end of March, they will not face the $95.00 (or 1% of income) individual penalty. A W...
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NO RE-HIRE POLICY OF ALCOHOLIC DRIVER FOUND TO VIOLATE DISABILITIES LAW

| January 2014
Suppose a commercial truck driver telephones his supervisor informing him that he had too much alcohol over the weekend, that he thought he was an alcoholic, and that he was going to attend an Alcoholics Anonymous (AA) meeting. Suppose further this trucking employer has an unwritten policy that any driver who self discloses that he has had a substance abu...
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NLRB UPHOLDS EMPLOYER POLICY PROHIBITING USE OF RECORDING DEVICES AT WORK

| January 2014
The National Labor Relations Board in recent years has embarked upon a program to attack numerous work rules used by employers, on the theory that overbroad rules can "chill" legitimate union activities or other concerted employee activities. A recent example of such an attack is the case in which the NLRB General Counsel attacked an employer's work rule ...
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E-VERIFY NOW HAS TOOLS TO DETERMINE SOME IDENTITY THEFT

| January 2014
In a November announcement, the U.S. Citizenship and Immigration Services announced that the E-Verify system now has the ability to "lock" Social Security numbers that appear to be misused. The agency says it will use a variety of detection systems to identify "patterns of fraudulent SSN use" and then lock that number in the E-Verify system, much like cre...
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OBAMACARE SHOWS IMPROVED NUMBERS, BUT PROBLEMS REMAIN

| February 2014
Government officials reported that over 2.1 million people have selected plans from either state or federal healthcare exchanges by the end of the year, the vast majority enrolling in December. While these numbers are well short of the more than 3 million enrollees the Administration expected, the numbers are an improvement over the 365,000 that had signe...
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UNION FINES EMPLOYEE $22,000.00 FOR CROSSING PICKET LINES.

| February 2014
Employers often hear rumors of employees being fined for crossing picket lines during union strikes or other work stoppages. Indeed, a union's ability to fine its members is one of the arguments raised by employers in union organizational campaigns. Employers rarely get to see the results of an actual case to see how unions operate in this regard. A recen...
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NLRB RULES PROHIBITED CLASS ACTION WAIVERS AGAIN REJECTED BY COURT

| February 2014
As stated in the prior article, the National Labor Relations Board protects concerted activity on the part of employees. Concerted activity refers to the concept of two or more employees joining together to improve their work situation. A relatively recent application of the concept pertains to employers who require all applicants and employees to sign ar...
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Wimberly, Lawson, Steckel, Schneider & Stine

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