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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.

PERSUADER RULE TEMPORARILY STOPPED

| August 2016
During March of 2016, the U.S. Department of Labor (DOL) issued a rule requiring employers to file public reports with the DOL when they use consultants (including lawyers) to provide labor relations advice that had the purpose of persuading employees regarding union organizing or collective bargaining.  The definitions were so broad as to potentiall...
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FEDERAL COURT UPHOLDS NLRB’S QUICKIE ELECTION RULE

| August 2016
On June 10, 2016, the Fifth Circuit Court of Appeals upheld the NLRB’s controversial new "quickie election" rule.  Associated Builders and Contractors of Texas, Inc. v. NLRB, No. 15-50497 (C.A. 5, June 10, 2016).  Among other things, the quickie election rule cuts the amount of time between the filing of the request of the election by a un...
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CAN YOU EXPECT ANY WORK FROM AN EMPLOYEE ON FMLA LEAVE?

| August 2016
An extremely interesting federal appeals court case addressed whether an employer can request work to be performed by an employee on FMLA leave.  Massey-Diez v. Univ. Of Iowa Community Medical Services, Inc., 26 WH Cases 2d 991 (C.A. 8, 2016).  The plaintiff claimed that she had been required to do various tasks while on FMLA leave, and she was ...
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COLLUSION AMONG EMPLOYERS IN SETTING WAGE RATES CHALLENGED

Collusion Among Employers in Setting Wage Rates Challenged

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Although such cases are not common, some cases have over the years arisen across the U.S. alleging that employers colluded among themselves to set lower wage levels for employees.  These alleged collusions have been attacked as violative of the anti-trust laws.  Some of the more publicized cases have been those in Massachusetts, where Boston-area hospital...
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Uber Pays $100 Million to Keep Independent Contractor Business Model

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Labor unions and some government entities have criticized a number of "sharing economy" companies such as Uber, Lyft, AirBNB and others, on the basis that they deny their personnel employment rights and make it impossible to form a union.  Federal Express has been under constant legal attack for utilizing independent contractor drivers. One case involving...
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Employer Upheld in Refusing to Hire Morbidly Obese Plaintiff

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The subject of morbidly obese plaintiffs under the amended Americans with Disabilities Act (ADAAA) has generated a lot of interest as well as litigation.  The most recent application of the law occurred in a case in which an employer was granted summary judgment, against both a "disability" theory and a "regarded as" theory under the expanded and amended ...
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NLRB Questions Employers’ Right to Permanently Replace Economic Strikers

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The current members of the National Labor Relations Board (NLRB) seem to be constantly over-ruling well-settled NLRB precedent to expand organized labor’s rights, usually to the detriment of employers’ management rights.  Many years ago the U.S. Supreme Court said an employer possesses the right to permanently replace economic strikers to continue busines...
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READY OR NOT: EMPLOYERS NEED TO BE PREPARED FOR FINAL HAZARD COMMUNICATION STANDARD DEADLINE

| June 2016
Although passed more than two years ago, the final deadline for implementing the revised OSHA Hazard Communication Standard (HCS) and new Globally Harmonized System (GHS) is coming up on June 1, 2016.  By that date, employers will need to ensure that their hazard communication program has been fully updated along with providing training to all employ...
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CAN AN EMPLOYER LAWFULLY DISCHARGE UNDER AN NLRB-DETERMINED UNLAWFULLY OVERBROAD WORK RULE?

| June 2016
Employers are continually reading headlines about the National Labor Relations Board (NLRB) rulings declaring common employer work rules to be overbroad and unlawful, because some employees might misinterpret such rules as applying to protected concerted or union activities.  In a recent ruling, the NLRB again finds work rules prohibiting employees f...
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NEW REPORTING AND RECORD KEEPING RULES REQUIRE PUBLIC REPORTS OF INJURIES AND ILLNESS

| June 2016
On May 11, 2016, OSHA issued a final rule to revise its Recording and Reporting Occupational Injuries and Illnesses regulations to be effective January 1, 2017, though portions become effective as soon as August 2016.  The final rule requires employers in certain industries to electronically submit to OSHA injury and illness data that employers alrea...
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A MAJORITY OF STATES NOW RIGHT-TO-WORK

| May 2016
West Virginia is due to become the 26th right-to-work state as of July 1, 2016.  Right-to-work laws prohibit employers from requiring workers to pay union dues as a condition of employment.  While Democratic state legislators argued that right-to-work laws hurt unions and working families, others say that right-to-work laws promote economic deve...
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