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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.

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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TRUMP TO NOMINATE NEW MEMBERS OF NLRB AND OSHA

| June 2017
Reports indicate that the Trump Administration will nominate attorneys Marvin Kaplan and William Emanuel in June to fill two vacant positions on the NLRB.  The hope is to have the new members confirmed by the Senate before the August recess.  If confirmed, the NLRB would have a Republican majority for the first time in many years.  Many belie…
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DATA SHOWS NLRB QUICKIE ELECTION RULES NOT CHANGING MUCH

| June 2017
The bottom line results from the NLRB "quickie" or "ambush" election rules indicates the rules have truly sped up election dates, but election results are not changing much.  NLRB data shows that unions are winning elections about 66% of the time, both the before and after the effective date of the quickie election rule in 2015.  It does show that…
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RELIGIOUS FREEDOM EXECUTIVE ORDER MAY AFFECT WORKPLACE RULES

| June 2017
On May 4, 2017, President Trump issued an executive order instructing federal agencies to follow the Religious Freedom Restoration Act, a federal statute, and reconsider rules that inhibit religious freedom.  The Order does not expressly affect existing federal rules prohibiting discrimination based on sexual orientation and gender identity.  The…
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OPINION VARIES AS TO WHETHER IMMIGRATION DEPORTATIONS ARE INCREASING

| June 2017
In a report issued in mid-May, Immigration and Customs Enforcement reported that during the first several months of the Trump Administration, arrests of people suspected of being in the U.S. illegally increased by more than a third, while the portion of arrests involving people without criminal records increased to 26% compared to 14% in the same period a y…
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TRUMP’S "STRAY REMARKS" HAVE DOOMED HIS IMMIGRATION EXECUTIVE ORDERS

| June 2017
What do the court decisions on the Trump Administration’s executive orders banning entry by certain immigrants have to do with discrimination law?  It turns out the answer is "a lot."  The main objections to Trump’s executive order is that his words as a presidential candidate were used to show that the travel ban may be an unconstitut…
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WHAT NOW AFTER DEFEAT OF OBAMACARE CHANGES?

| May 2017
House Republican leaders were forced to withdraw the proposed American Health Care Act after failing to gather a single Democratic vote and lacking support from the conservative GOP Freedom Caucus.  Although talk persists, there appears to be little likelihood of any immediate efforts to reintroduce the ObamaCare alternative.  ObamaCare thus curre…
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COURTS STRIKE DOWN BROAD FEDERAL AGENCY SUBPOENAS FOR EMPLOYMENT INFORMATION

| May 2017
A couple of recent federal rulings have given encouragement to employers facing overbroad and often unreasonable federal agency subpoena demands for a broad array of employment information.  In a recent federal appeals court ruling, the court affirmed a district court judge’s ruling that the EEOC was not entitled to enforce its subpoena requestin…
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