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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.

NEW OSHA ELECTRONIC INJURY REPORTING RULE STILL IN PLAY

| January 2017
On May 11, 2016, OSHA issued a final rule requiring employers to electronically submit injury and illness data on an annual basis.  The rule also included in the preamble guidance for employers on the impact of the new anti-retaliation provisions on drug and alcohol testing and safety incentive programs in the workplace.  Various trade association…
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RIGHT-TO-WORK DOCTRINE TO EXPAND

| January 2017
Right-to-work laws prohibit mandatory union membership as a condition of employment.  Currently, 26 states have right-to-work laws, and recent developments indicate that the doctrine of right-to-work is likely to spread. First, three additional states (Kentucky, Missouri and New Hampshire) have elected both Republican governors and legislators and are…
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FEARLESS FORECAST AS TO TRUMP LABOR EMPLOYMENT INITIATIVES

| January 2017
1.     Immigration – Allow DACA (Deferred Action for Childhood Arrivals) slowly to expire by allowing current work permits to continue but not issuing new ones.  Durbin/Graham are proposing new bipartisan legislation for provisions protecting presence for three years to all immigrants in DACA program.  Direct the Labor De…
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REPUBLICAN SWEEP OFFERS HOPE FOR EMPLOYER RELIEF

| December 2016
In what some have called the most surprising election of our era, Donald Trump is expected to win the electoral college vote (306-222) to become our next President (although he lost the popular vote by almost one million votes to Hillary Clinton).  In the Senate, it appears that Republicans will lose only two Senate seats (although there were many more…
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CAN AN EMPLOYER ADD PROVISION EXCLUDING EEOC CLAIMS FROM CONTRACTUAL GRIEVANCE-ARBITRATION PROCEDURES?

| November 2016
The trend nationally has been to require employees through individual arbitration agreements to arbitrate their legal claims on the theory that the arbitration process is quicker and cheaper than going to court.  Some employers are going the opposite direction, however, and putting provisions into their grievance and arbitration procedures indicating t…
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EMPLOYER WATCH - ISSUE OF WHETHER ARBITRATION AGREEMENTS MAY PROHIBIT EMPLOYEES FROM PURSUING CLASS ACTIONS

| November 2016
The National Labor Relations Board (NLRB) has asked the Supreme Court to review whether arbitration agreements that prohibit employees from pursuing class or collective actions are unlawful under the National Labor Relations Act (NLRA).  NLRB v. Murphy Oil USA, Inc., U.S., No. 16-307, cert. petition 9/9/16.  This issue is monumental, as up until r…
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EMPLOYER MAY LAWFULLY REJECT APPLICANTS WITH DREADLOCKS

| November 2016
The subject of dress and grooming has been a controversial one as to the scope of the discrimination laws.  In the most recent case, a federal appeals court rejects a claim of the Equal Employment Opportunity Commission (EEOC) that a "prohibition of dreadlocks in the workplace constitutes race discrimination because dreadlocks are a manner of wearing t…
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NLRB NOW ATTACKING NON-COMPETITION AGREEMENTS

| October 2016
Many employers, union and non-union, require employees to enter into non-competition and confidentiality agreements.  These provisions typically prohibit employees from using confidential company information outside their work relationships, and prohibit employees from competing against the employer during and for a certain period of time after their e…
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OBAMA ADMINISTRATION PROPOSES NEW RULES ON UNFAIR IMMIGRATION-RELATED PRACTICES

| October 2016
The Immigration Reform and Control Act of 1986 (IRCA) prohibited certain discriminatory immigration-related employment practices because of a person's citizenship or national origin.  In 1990 Congress added a new provision prohibiting certain discriminatory documentary practices during the employment eligibility verification process (also called the Fo…
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SOCIAL SECURITY MISMATCH LETTERS REDUX: EMPLOYERS NOW FACING MISMATCHES RELATED TO OBAMACARE REPORTING

| October 2016
Employers have always feared receiving the dreaded "mismatch" letter from the Social Security Administration ("SSA") and have struggled to implement consistent and comprehensive plans to address these situations.  SSA would generally send these types of letters to employers to resolve any discrepancies in matching the employee's name and social securit…
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FEDERAL COURT RECOMMENDS OSHA INSPECTION WARRANT BE QUASHED: POULTRY REP DOES NOT SUPPLY "PROBABLE CAUSE" FOR EXPANSION

| September 2016
            In a decision published August 5, 2016, a U.S. District Court magistrate has recommended that a warrant OSHA sought to conduct a comprehensive inspection of a North Georgia poultry plant be quashed (invalidated).  In re Establishment Inspection of Mar-Jac Poultry, Inc., N.D. Ga. No. 1…
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