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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.

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 Hampshire…
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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 continue…
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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 avoid…
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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.  I…
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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 from…
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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 var…
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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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EEOC ISSUES PROPOSED HARASSMENT GUIDANCE

| February 2017
On January 10, 2017, the EEOC issued a proposed enforcement guidance addressing unlawful harassment.  The law protects individuals from harassment based on race, color, religion, sex, national original, disability, age, or genetic information.  Harassment charges make up over 30% of all discrimination charges filed with the EEOC.  The guidanc…
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FEDERAL COURT ADOPTS MAGISTRATE’S RECOMMENDATION - OSHA INSPECTION WARRANT QUASHED

| January 2017
In a detailed Order published November 2, 2016, U.S. District Court Judge William C. O'Kelley of the Northern District of Georgia quashed (invalidated) a warrant OSHA wanted so that it could conduct a comprehensive inspection of a North Georgia poultry plant.  In a 15-page opinion, the Judge approved and adopted Magistrate Judge J. Clay Fuller’s…
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EMPLOYERS DO NOT HAVE TO GIVE PREFERENCE TO DISABLED WORKERS IN ASSIGNMENTS TO OPEN POSITIONS

| January 2017
A federal appeals court has ruled that employers do not have to reassign disabled workers into open positions ahead of other more qualified persons.  EEOC v. St. Joseph’s Hosp., 2016 BL 406826 (C.A. 11, 12/7/16).  Some of the cases rely on the U.S. Supreme Court ruling in U.S. Airways, Inc. v. Barnett, 535 U.S. 361, a 2002 decision holding t…
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