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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.

EMPLOYERS SUED FOR NEGLIGENCE WHERE EMPLOYEE COMMITS VIOLENT ACT ELSEWHERE

| May 2017
Employers are well familiar with the concept that they may be sued for negligence for maintaining the employment of a sexual or other type harasser, particularly where another employee is adversely affected.  One case involves a recent Seventh U.S. Circuit Court of Appeals ruling in the Home Depot case, in which a supervisor murdered an employee whil...
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LGBT ISSUES ARE IN TRANSITION

| May 2017
Mixed signals are developing from several regulatory and judicial pronouncements on transgender and other LGBT issues.  On January 31, 2017, President Trump indicated that he intended to maintain an Obama-era Executive Order signed to protect gay, lesbian, bi-sexual and transgender federal workers and contractors from workplace discrimination.  ...
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PRESIDENT TRUMP’S IMMIGRATION MOVES ARE MIXED

| April 2017
While the Trump Administration may be doing away with many of former President Obama’s immigration enforcement policies, his moves are really not as one-sided as the press would indicate.  There has been much publicity about the February 21, 2017 release of two memos from Homeland Security Secretary John Kelly, but those memos actually leave in...
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NATIONAL RIGHT-TO-WORK GROWING

| April 2017
After going almost 50 years without any state passing a right-to-work law, six states have passed right-to-work laws in the last five years.  The latest two states are Missouri and Kentucky, which became right-to-work states this year.  Now there are 28 right-to-work states.  The only recent setback to right-to-work has been in New Hampshir...
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REPUBLICANS PROPOSE ALTERNATIVE TO OBAMACARE

| April 2017
On March 6, 2017, Republicans finally presented their alternative to ObamaCare, which would repeal and replace the prior law.  The American Health Care Act is a major piece of legislation which is a bit of a compromise measure to address the difficulties of ObamaCare.  Some conservative Republicans feel that it does not go far enough, and contin...
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EEOC RULES ON WELLNESS PLANS TAKE EFFECT

| March 2017
New EEOC rules allowing employers to offer employees incentives to participate in wellness programs took effect on January 1, 2017.  The AARP had sued to block the rules contending that the rules permit employers to compel employees to surrender private health and genetic information that the ADA and GINA generally protect from involuntary disclosure...
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RECENT DEVELOPMENTS IN IMMIGRATION WORK AUTHORIZATION PROCEDURES

| March 2017
A number of recent developments have occurred in worker authorization for purposes of the immigration laws.  Form I-9.  All employers must use the new Form I-9 beginning no later than January 21, 2017. Notice of Suspect Documents.  An employer who receives a "Notice of Suspect Documents" from the government must take certain steps to avo...
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NLRB TAKES POSITION THAT MISCLASSIFYING EMPLOYEES AS INDEPENDENT CONTRACTORS VIOLATES LABOR ACT

| March 2017
Misclassification cases in which it is alleged that independent contractors are actually employees have been one of the most important and heavily-litigated areas of employment law in recent years.  Many of the lawsuits are filed under the Fair Labor Standards Act or comparable state laws and seek wage and hour and other protection for workers. ...
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NEW WRINKLES IN ENFORCEMENT OF NON-COMPETE AGREEMENTS

| March 2017
Two new developments have raised the stakes in the drafting and enforcement of non-competition agreements.  While there are various forms of non-competition agreements, basically they prohibit a former employee from competing against a former employer for a period of time, such as two years.  An alternative is to prohibit the former employee fro...
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THOUGHTS ON THE NEW SECRETARY OF LABOR AND THE EFFECT ON EMPLOYERS

| March 2017
One day after President Trump’s first nominee for Secretary of Labor withdrew, the President announced that Alexander Acosta would be his new Labor Secretary - Designate.  The prior Labor Secretary - Designate, Andy Pudzer, had been the President’s perhaps most controversial appointment to the Cabinet.  Not only was he president of v...
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WIMBERLY LAWSON ADDS WORKERS' COMPENSATION DEFENSE EXPERT

Wimberly Lawson Adds Workers' Compensation Defense Expert

| February 2017
During late 2016, the firm added Thomas Walker as Of Counsel.  In addition to his experience in litigation and employment law, Thomas has twenty-four years' experience practicing workers’ compensation law mostly defending employers/insurers and self-insured employers. 
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