Accessibility Tools

Web Accessibility plugin by DJ-Extensions.com

The Latest      —

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.

FIRST TRANSGENDER, NEXT TRANSRACIAL?

| September 2015
In light of the government's effort to provide protected status to transgender persons, and to require employers to honor an individual's choice as to what sex they wish to identify with, one wonders about recent "transracial" issues that arose concerning former NAACP Spokane Chapter President Rachel Dolezal.  Dolezal resigned on June 15 amid controv...
Learn More

NEW HORIZONS IN DISCRIMINATION: TRANSGENDER/TRANSRACIAL ISSUES

| October 2015
Between Caitlyn Jenner and Rachel Dolezal, this seems to be the Summer of Trans.  Federal anti-discrimination laws were designed to prohibit disparate treatment based on immutable characteristics – things we were born with, such as gender, race, color, and national origin.  They were expanded to include other factors over which we had no c...
Learn More

DAYS OF FLAGS AND RAINBOWS - DOES YOUR OFFICE HAVE A POLICY GOVERNING OFFICE DECOR?

| October 2015
In the last month, high profile news events have demonstrated the power of symbols to inspire strong reactions - both positive and negative.  For example, the display of the confederate flag evokes feelings of "heritage" or "racism," depending on the background of the viewer.  The rainbow symbol of gay pride has been widely displayed to celebrat...
Learn More

NLRB EXPANDS "JOINT EMPLOYER" DOCTRINE TO SUPPORT LABOR

| October 2015
The NLRB issued on August 27, 2015 its long-awaited decision in Browning Ferris, 362 NLRB No. 186, which, as predicted, has greatly expanded the "joint employer" theory of employer liability under the National Labor Relations Act.  The new doctrine will increase the number of situations in which one company can be found liable for another company's u...
Learn More

EMPLOYER SURVIVES CHALLENGE THAT ITS SEVERANCE PLAN WAIVERS WERE INVALID, NOT MEETING REQUIREMENTS OF GROUP WAIVERS

| November 2015
The Age Discrimination in Employment Act (ADEA) contains various protective provisions governing the binding nature of a settlement or waiver of a potential age discrimination claim.  The ADEA is somewhat unique in setting forth additional requirements that are not necessary for a settlement or waiver to be binding in any other discrimination claims,...
Learn More

EXECUTIVE ORDER ON MANDATORY SICK LEAVE FOR FEDERAL CONTRACTORS

| November 2015
In celebration of Labor Day, President Obama on September 7, 2015 announced an Executive Order requiring federal contractors to provide minimum amounts of paid sick leave to their employees.  This rule follows others, such as the $10.10 mandatory minimum wage, that make a broad statement but apply only to employers who do business with the federal go...
Learn More

STRATEGY REGARDING NLRB ATTACKS ON COMMON EMPLOYMENT POLICIES

| November 2015
The blows seem to keep coming from the National Labor Relations Board (NLRB) attacking common employer personnel policies.  The NLRB's philosophy is that any policy that could be read by an employee to prohibit legitimate union or other concerted activities is unlawful because it "chills" such union or other concerted activities.  Further, the N...
Learn More

OTHER CONCERNS ABOUT REFUSING TO HIRE OR DISCHARGING EMPLOYEES PRESENTING A NEW SOCIAL SECURITY NUMBER

| December 2015
In our March newsletter, we discussed a provision in the U.S. Citizenship and Immigration Services Handbook for Employers, Guidance for Completing Form I-9, which deals with a situation where an employee informs the employer that his or her identity is different from that previously used to complete Form I-9.  The Guidance states that: "In that circu...
Learn More

CONCEPT OF DISPARATE TREATMENT EXAMINED CONCERNING APPLICATION OF ATTENDANCE RULES AND OTHERS COMMITTING SIMILAR OFFENSE

| December 2015
A recent case illustrates important principles concerning whether an employer has equally applied its attendance policies, as well as its other work rules.  Watkins v. EFP, LLC, 125 FEP Cases 1756 (N.D. Ala. 2014).  The African-American plaintiff first contended that the employer treated him differently than a similarly-situated white employee w...
Learn More

RIGHT TO REPRESENTATION WHEN EMPLOYEE ORDERED TO TAKE DRUG TEST

| December 2015
A couple of recent cases from the National Labor Relations Board (NLRB) create additional issues for employers when unionized employees refuse to take drug tests, and/or demand some type of representation prior to taking such tests.  Some 40 years ago the U.S. Supreme Court ruled in a case involving a unionized employer that, when an employee is ques...
Learn More

ELECTION RESULTS SINCE QUICKIE ELECTION RULE WENT INTO EFFECT IN APRIL

| December 2015
Jim Wimberly attended a presentation by the General Counsel of the National Labor Relations Board, Richard Griffin, in San Diego, California, on November 11, 2015.  Griffin presented up-to-date election statistics on petitions filed for elections with the NLRB for the first six months under the new quickie election rules, running from mid-April to ...
Learn More

Wimberly, Lawson, Steckel, Schneider & Stine

3400 Peachtree Road, Ste 400 / Lenox Towers / Atlanta, GA 30326 /404.365.0900

Where Experience Counts

Company
Resources
Thank you for visiting the firm's website. Please note that this website is intended for general information purposes only and does not constitute an offer of representation or create an attorney-client relationship with the firm. The firm welcomes receipt of electronic mail but the act of sending electronic mail alone does not create an attorney-client relationship. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include the firm's copyright notice.

© Wimberly, Lawson, Steckel, Schneider & Stine P.C. | Site By JSM