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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.

SUPREME COURT RULING ON ARBITRATION POLICIES LIMITING CLASS ACTIONS FURTHER SHOWS MORE LIMITED APPLICATION OF PROTECTED CONCERTED ACTIVITY DOCTRINE

| July 2018
In Epic Systems v. Lewis, the U.S. Supreme Court ruled that employers could require mandatory individual employment agreements with employees that require individual arbitrations rather than any type of class or collective actions.  Plaintiffs had contended that such limits on class and collective actions interfered with their protected concerted activ…
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NLRB SETS EASIER STANDARDS FOR EMPLOYER RULES

| July 2018
During the Obama Administration particularly, the National Labor Relations Board (NLRB) had become very restrictive of employer work rules that might be interpreted by someone to "chill" legitimate union or concerted protected activities.  For example, a rule prohibiting "walking off the job" might be interpreted by some to prohibit engaging in a work…
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WAGE/HOUR OVERTIME RULE DEVELOPMENTS

| June 2018
In a Department of Labor regulatory release of May 9, 2018, the Wage/Hour Division now estimates a January 2019 release of its important salary level rules to determine the number of workers eligible for overtime pay.  This rule would replace the Obama Administration’s version of the rule which would have doubled the salary level below which employees…
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CURRENT DEVELOPMENTS REGARDING USE OF INDEPENDENT CONTRACTORS

| June 2018
Almost every company hires contractors to do some function or other.  In spite of various types of legal attack, the use of independent contractors is growing, not declining.  This article will summarize some of the current developments concerning the use of contractors. Secretary of Labor Acosta last November revoked two Obama Administration gui…
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ELECTRONIC REPORTING AND OTHER OSHA DEVELOPMENTS

| June 2018
OSHA has long required employers to keep logs of job-related injuries and illnesses, but until recently the Agency did not require employers to file copies with the government.  In 2016, OSHA issued a rule that required employers with 250 or more workers to submit OSHA Form 300A, which lists the number of job-related injuries and illnesses needing more…
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THE PROS AND CONS OF PROHIBITING EMPLOYEES’ RECORDINGS

| June 2018
The issue of whether an employer should allow employees to record or video conversations is very important, and very controversial.  There are many legal and practical considerations.  Let’s take the legal issues first. During the Obama Administration, the NLRB overruled prior precedent and ruled that employers could not ban all audio or video re…
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JOINT-EMPLOYER REVERSAL ITSELF RESCINDED

| April 2018
If employers thought they were in a state of confusion on joint employer issues, their state of confusion has now reached a new level.  In February 2018, this newsletter reported that the NLRB’s 2015 Browning-Ferris decision had been reversed by a December 2017 ruling in Hy-Brand.   The newer Hy-Brand NLRB ruling restored traditional NLRB law…
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TAX BILLS COMING OVER ACA ISSUES

| April 2018
Two forms of tax bills may be coming to employers this year concerning the ACA.  First, certain reporting requirements are required of employers who average 50 or more full-time employees.  Such employers who did not file Forms 1094-C and 1095-C in a timely manner will be subject to penalties of as much as $250 for each untimely disclosure to an e…
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STATUS OF CHANGES IN NATION’S HEALTHCARE POLICY

| April 2018
Although the administration has been unable to rescind the Affordable Care Act (ACA), better known as ObamaCare, the tax reform legislation repealed the individual mandate portion of the ACA.  Individuals will no longer be taxed if they fail to participate in healthcare programs.  The effect of the repeal of the individual mandate is that, in theo…
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WHERE WE ARE ON DACA, REFUGEES AND IMMIGRATION REFORM

| April 2018
Back in September, President Trump announced that the program called "Deferred Action for Childhood Arrivals (DACA)" would end on March 5, 2018.  Subsequently, two district court judges issued injunctions blocking that plan and ordered administration officials to continue to process DACA renewals.  On February 26, 2018, the U.S. Supreme Court reje…
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SHOULD EMPLOYERS KEEP EMAIL ADDRESSES OF EMPLOYEES, OR NOT?

| March 2018
Some employers are asking whether they should collect employee email addresses.  The main concern is that under the NLRB "quickie election" rule, after a union files an election petition with the NLRB, the union is entitled to the email addresses of voting employees retained by the employer.  Thus, by collecting employee email addresses, the emplo…
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