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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 REQUIRED TO FURTHER REVIEW WELLNESS PROGRAM REGULATIONS

| October 2017
Employer wellness programs have become increasingly popular in recent years as a device that might be a "win-win" to reduce health care costs, improve employee health and productivity, and also show that the company is interested in the well-being of its employees.  However, wellness programs (including those which require medical examinations before a…
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FIRING OVER COMMENTS ABOUT DIVERSITY PROGRAMS, RACIAL TAUNTS ON PICKET LINES, AND SUPREMACIST RALLIES

| September 2017
Several incidents have occurred over the past week or two that create fascinating (at least for lawyers) legal and strategic issues. The most well-publicized of the incidents occurred when a Google engineer was fired for writing and distributing a memo criticizing his employer’s gender diversity program. The second occurred when an employer fired a union pi…
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OSHA ELECTRONIC INJURY DATA REPORTING REQUIREMENTS DELAYED UNTIL DECEMBER

| August 2017
The Obama-era OSHA rule requiring employers to submit injury and illness date electronically to the agency that was originally set to go into effect on July 1, 2017, has been delayed to December 1, 2017, according to a proposed delay submitted by OSHA.  OSHA states that the agency plans to issue a separate proposal to review or remove various provision…
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ADMINISTRATION TELLS COURT IT PLANS TO REVISE SALARY OVERTIME RULE

| August 2017
Last year a salary overtime rule was to take effect raising minimum salary levels required for certain managerial overtime exemptions from about $24,000.00 to about $47,000.00.  Last November, a federal district court in Texas enjoined the rule’s implementation and the issue was appealed to the Fifth Circuit Court of Appeals.  Labor Department law…
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EFFECT OF WELFARE PROGRAMS ON EMPLOYMENT LEVELS

| August 2017
There has been a recent increasing interest on the impact of welfare programs in the U.S. on employment levels as well as the budget.  Labor force participation in the U.S. has dropped from 67.3% in 2000 to 62.4% in 2015.   Many sources suggest the declining employment levels are based on an aging population, while others suggest other consid…
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WHAT’S NEXT FOR OBAMACARE?

| August 2017
Some changes in ObamaCare (ACA) seem inevitable, but Republicans have not been able to gather sufficient votes to make major changes.  Under the Senate’s current filibuster rules, Republicans need 60 votes to repeal ObamaCare, but budget reconciliation rules allow a Senate majority (51) to make changes in the ACA related to revenue.  Not one Democ…
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THE SIGNIFICANCE OF HAVING A SOCIAL MEDIA POLICY AND A CELL PHONE POLICY

| July 2017
Social media is a great thing.  How else would we be able to keep up with friends and family -- what they are doing, where they are going, and, of course, what they are eating?  Some people also like to use social media to let others know what they are thinking—about just about any topic, including current events.  However, when comments on s…
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CURRENT BASIC MINIMUM WAGE AND OVERTIME REQUIREMENTS

| July 2017
At its core, the Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees' wages equal to, or greater than, the federal minimum wage rate.  The Act also requires employers to pay non-exempt employees overtime wages equal to one and one-half times the employee’s “regular rate” for all hours worked in excess of forty (40) per work-w…
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REFUSAL TO EXTEND LEAVE FOUND NOT TO VIOLATE ADA

| June 2017
One of the more common and difficult issues facing employers today is how long a leave of absence must be extended for an employee with a disability.  At one time, it was generally considered appropriate to have an administrative separation policy, to set an objective "cut-off" date for any further extensions of leave.  In recent years, such objec…
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LABOR SECRETARY FINALLY CONFIRMED

| June 2017
One of the more common and difficult issues facing employers today is how long a leave of absence must be extended for an employee with a disability.  At one time it was generally considered appropriate to have an administrative separation policy, to set an objective "cut-off" date for any further extensions of leave.  In recent years such objecti…
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MANY EXPECT OSHA TO DELAY JULY 1 ELECTRONIC FILING DEADLINE

| June 2017
The U.S. Department of Labor (DOL) announced on May 17, 2017 that it was delaying the effective date of the Obama-era rule requiring that companies electronically report their injury and illness records.  The rule had taken effect January 1 and employers were obligated to send in their summary data by July 1, but now the effective date has been delayed…
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