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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.

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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laptop computer indoors, by fireplace, email

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, copyi…
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a blurry abstract photo of a person, red background

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 immedi…
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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 scre…
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golden chain stretched out from brick like wall

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 ex…
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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 right…
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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 to…
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doctor placing a bandaid on a patient, indoor, patient room

Trump Moves to Administratively Change the ACA

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
While Congress could not legislatively repeal or even modify the Affordable Care Act ("ACA"), President Trump is moving to make significant changes in it administratively through the executive power.  The Executive Order issued on October 12, 2017 instructs federal agencies to lay the groundwork for allowing less-expensive insurance plans with fewer benefit…
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viles of tested liquids

Medical Pot, Synthetic Drugs, Raise New Drug-testing Issues for Employers

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
With the growth in the use of medical marijuana and the continuing expansion of synthetic drugs, traditional employer drug-testing policies may need review.  Let’s take the pot issue first.
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goup of people outdoors, blue sky, Silhouette

Plaintiffs’ Class Action Lawyers Go Too Far in Soliciting Clients

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers often complain about so-called "ambulance chasing" plaintiffs’ lawyers.  In a recent ruling, a federal judge in Pennsylvania chastised a plaintiffs’ law firm about its solicitation efforts and set forth guidelines about accuracy and honesty in efforts to recruit clients to join in a class action as plaintiffs.  Katz v. DNC Servs. Corp., No. 2:16-c…
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