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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.

EEOC PROVIDES CHARGING PARTIES WITH EMPLOYER POSITION STATEMENTS

| April 2016
Employers routinely provide position statements to the Equal Employment Opportunity Commission (EEOC) investigators in defense of discrimination charges.  These position statements cover the employer's (respondent’s) version of the facts and why the employer believes the charge should be dismissed.  The EEOC recently announced that it wi...
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USDOL PROPOSES REGULATIONS FOR MANDATORY PAID SICK LEAVE

| April 2016
Having declared a minimum wage hike to $10.10 per hour for Federal contractor employees by Executive Order in 2014, President Barack Obama followed up in September 2015 with another Executive Order requiring those same Federal contractors to establish paid sick leave programs for their employees.  On February 25, 2016, the U.S. Department of Labor pu...
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ISSUE OF EMPLOYER LIABILITY FOR EMPLOYEE CAR POOLS IS COMPLEX

| April 2016
Many employers depend on employees being able to get to work from remote locations.  To improve the process, some employers encourage employees to set up car pools or van pools, sometimes paying the driver for his services.  Complex issues arise if there is a traffic accident and injury going to and from work, raising the question of employer li...
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WORKER'S COMPENSATION SETTLEMENT USED TO BAR DISCRIMINATION CLAIMS

| April 2016
In a recent case, an employee who had worked for J.C. Penney was terminated and brought a workers' compensation claim as well as a claim for violations of the discrimination laws.  Soltis v. J.C. Penney Corp., 128 FEP Cases 804 (C.A. 6, 2015).  After the workers' compensation claim was settled, J.C. Penney moved for summary judgment arguing they...
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UNIONS GET MORE AGGRESSIVE IN EMPLOYER RELATIONSHIPS, PERHAPS BASED ON ELECTION RESULTS AND IMPROVING ECONOMY

| January 2013
Due to bad economic conditions over the last few years, many unions have accepted cuts in pay and benefits. Historically, when the economy is bad, many employees, union and non-union alike, have had a “don’t rock the boat” mentality that having any type of job is better than being the highest paid worker in the unemployment line. Some de...
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EEOC OFFERS ADVICE TO EMPLOYERS ON CRITICAL ADA ISSUES

| January 2013
EEOC Commissioner Chai Feldblum offered advice to employers at an American Bar Association meeting held in November. Feldblum indicated that the requirement of reasonable accommodation may still apply to an employee with a disability who has exhausted FMLA or employer-provided leave. While leave policies may work best with “clear, defined lines,&rdq...
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WAGE-HOUR CASE ADDRESSES AUTOMATIC MEAL DEDUCTION PAYROLL SYSTEM

| January 2013
A recent federal appeals case addresses company policies that provide for employees receiving an unpaid meal break that is automatically deducted from their paychecks.  Dwight v. Baptist Memorial Healthcare Corp., 19 WH Cas. 2d 1441 (CA 6 2012). The employee handbook contained these policies as well as policies providing that if an employee’s m...
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UNION ENTITLED TO CUSTOMER LISTS AND OTHER CONFIDENTIAL INFORMATION DURING COLLECTIVE BARGAINING

| February 2013
Legal rules concerning collective bargaining are not only complicated, but can lead to some strange results. One of the rules is that an employer in collective bargaining is often precluded in supporting its wage and benefits offers with economic arguments, because such economic arguments could “open the door” to the right of the union to requ...
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IRS EXPLAINS SHARED RESPONSIBILITY (TAX) PROVISIONS ON EMPLOYERS UNDER OBAMACARE

| February 2013
On December 28, 2012, the Internal Revenue Service (IRS) issued proposed regulations under the Employer Shared Responsibility provisions of Obamacare. To be subject to the provisions, an employer must have at least 50 full-time employees or a combination of full-time and part-time employees that is equivalent to at least 50 full-time employees. Companies ...
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LABOR BOARD TO REQUIRE GROSS-UP OF BACKPAY TO COMPENSATE FOR ADVERSE TAX CONSEQUENCES

| March 2013
The National Labor Relations Act states that the NLRB will order those found to have committed unfair labor practice to take such affirmative action including reinstatement of employees with or without back pay, as well effectuate the policies of the Act. Backpay is generally designed to support that public policy by making employees whole for losses suff...
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LABOR BOARD REQUIRES EMPLOYERS TO CONTINUE CHECK-OFF OF UNION DUES EVEN AFTER CONTRACT EXPIRATION

| March 2013
For over 50 years, the National Labor Relations Board (NLRB) ruled that an employer may cease honoring union dues-check off arrangements after the expiration of the collective bargaining agreement, without prior bargaining with the union. The theory has always been that the union dues check-off is a contractual provision only, much like the no-strike clau...
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