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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.

LEGAL ISSUES FROM POLITICS IN THE WORKPLACE

| December 2018
There is an old saying among attorneys that you should never discuss politics or religion with clients.  While the same may be said about other situations, it is inevitable that politics will in some cases be discussed at home, and in the work place.  With the intensity and divisiveness of certain current political positions, it is inevitable that…
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MID-TERM ELECTION RESULTS LIMIT LEGISLATIVE SOLUTIONS TO ISSUES

| December 2018
To the surprise of few, the Democrats took control of the U.S. House of Representatives in the mid-term elections held November 6.  It appears that Democrats will gain 39 seats, which would give them a majority.  In the Senate, Democrats had to defend 26 of the 35 seats on the ballot, including 10 in states the President won.  The Democrats l…
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BLUE COLLAR WORKERS HAPPY, BUT MAJORITY OF AMERICANS APPROVE OF LABOR UNIONS

| November 2018
A recent Harris Poll reports that 85% of blue-collar workers believe their lives are heading in the right direction, higher than any similar poll in the last 20 years.  Approximately 86% are “satisfied” with their jobs and 90% are even “proud” of their work.  Ironically, it turns out that blue collar workers are some of the most satisfied people i…
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SUPREME COURT DECISION RESULTS IN WAVE OF LAWSUITS AGAINST UNIONS

| November 2018
A dozen or more lawsuits have been filed against various state and local government unions across the country in light of the Supreme Court ruling in the Janus case, seeking refunds of union dues and fees employees were forced to pay to keep their jobs.  In at least one of the cases, the union defendant conceded the issue and refunded the involuntary d…
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AFL-CIO UNILATERALLY IMPLEMENTS CONTRACT AGAINST ITS OWN WORKERS, WHO ANNOUNCE STRIKE

| November 2018
Some of the most anti-union employers in the entire country are the unions themselves.  This is a shocking but true statement.  There is a long history of labor unions opposing their own employees forming unions, generally feeling that such actions are disloyal to the employer union.  A recent example of this occurred at the headquarters of…
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SOCIAL SECURITY MISMATCH LETTERS TO RETURN

| November 2018
In July of 2018, the Social Security Administration (SSA) announced that it will be resuming the practice of sending "no-match" letters to employers when the information on tax forms is not consistent with SSA records.  The letters are expected to resume in 2019, and as before, will request that the businesses and employers take steps to correct the in…
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JUDGE BLOCKS ENDING OF TPS STATUS OF VARIOUS COUNTRIES

| November 2018
Temporary Protected Status (TPS) is an immigration status granted to citizens of certain countries that have experienced various emergencies, such as natural disasters or civil wars, allowing them to seek refuge in the U.S. and be allowed to work.  Currently citizens from 10 countries may have this status, but over the last year the Trump administratio…
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OSHA LACKS PROBABLE CAUSE TO CONDUCT BROAD SAFETY INSPECTIONS

| November 2018
In a October 9, 2018 decision by the Eleventh Circuit Court of Appeals, a district court ruling has been affirmed quashing an inspection warrant that OSHA had sought to expand a limited incident inspection to a "wall-to-wall" inspection covering every facet of the employer's facility.  USA v. Mar-Jac Poultry, Inc.  This case was handled by the Wim…
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EMPLOYERS PROVIDING PARENTAL LEAVE MUST NOT DISCRIMINATE AGAINST FATHERS

| September 2018
More and more employers utilize some form of parental leave to allow bonding with a new child.  Some say the moves help in hiring and retention of top talent.  Regarding such leave, however, the purpose of the parental leave is for child bonding, and the discrimination laws require the same rights to be extended to fathers as are extended to mothe…
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UNION OBSTACLES IN WITHDRAWING FROM DUES CHECK-OFF OBLIGATIONS

| September 2018
A recent NLRB ruling demonstrates how unions often place obstacles on the ability of employees to withdraw from their union dues check-off obligations.  Teamsters Local 385 (Walt Disney Parks), 366 NLRB No. 90 (6/20/18).  In this case, the Teamsters Local was found to have deliberately failed to respond to employees of Walt Disney and United Parce…
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UNION GAINS SOUTHERN FOOTHOLD

| September 2018
When Boeing technicians voted 104-65 for representation by the machinist union in Charleston on May 31, 2018, it had some significance.  First, this was an unusual victory for unions in South Carolina.  Second, the victory directly raised the controversial issue of "micro-units" in union representation elections.  Boeing has a major facility…
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