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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.

UNIONS GET MORE AGGRESSIVE IN EMPLOYER RELATIONSHIPS, PERHAPS BASED ON ELECTION RESULTS AND IMPROVING ECONOMY

| January 2013
Due to bad economic conditions over the last few years, many unions have accepted cuts in pay and benefits. Historically, when the economy is bad, many employees, union and non-union alike, have had a “don’t rock the boat” mentality that having any type of job is better than being the highest paid worker in the unemployment line. Some de...
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EEOC OFFERS ADVICE TO EMPLOYERS ON CRITICAL ADA ISSUES

| January 2013
EEOC Commissioner Chai Feldblum offered advice to employers at an American Bar Association meeting held in November. Feldblum indicated that the requirement of reasonable accommodation may still apply to an employee with a disability who has exhausted FMLA or employer-provided leave. While leave policies may work best with “clear, defined lines,&rdq...
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WAGE-HOUR CASE ADDRESSES AUTOMATIC MEAL DEDUCTION PAYROLL SYSTEM

| January 2013
A recent federal appeals case addresses company policies that provide for employees receiving an unpaid meal break that is automatically deducted from their paychecks.  Dwight v. Baptist Memorial Healthcare Corp., 19 WH Cas. 2d 1441 (CA 6 2012). The employee handbook contained these policies as well as policies providing that if an employee’s m...
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UNION ENTITLED TO CUSTOMER LISTS AND OTHER CONFIDENTIAL INFORMATION DURING COLLECTIVE BARGAINING

| February 2013
Legal rules concerning collective bargaining are not only complicated, but can lead to some strange results. One of the rules is that an employer in collective bargaining is often precluded in supporting its wage and benefits offers with economic arguments, because such economic arguments could “open the door” to the right of the union to requ...
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IRS EXPLAINS SHARED RESPONSIBILITY (TAX) PROVISIONS ON EMPLOYERS UNDER OBAMACARE

| February 2013
On December 28, 2012, the Internal Revenue Service (IRS) issued proposed regulations under the Employer Shared Responsibility provisions of Obamacare. To be subject to the provisions, an employer must have at least 50 full-time employees or a combination of full-time and part-time employees that is equivalent to at least 50 full-time employees. Companies ...
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LABOR BOARD TO REQUIRE GROSS-UP OF BACKPAY TO COMPENSATE FOR ADVERSE TAX CONSEQUENCES

| March 2013
The National Labor Relations Act states that the NLRB will order those found to have committed unfair labor practice to take such affirmative action including reinstatement of employees with or without back pay, as well effectuate the policies of the Act. Backpay is generally designed to support that public policy by making employees whole for losses suff...
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LABOR BOARD REQUIRES EMPLOYERS TO CONTINUE CHECK-OFF OF UNION DUES EVEN AFTER CONTRACT EXPIRATION

| March 2013
For over 50 years, the National Labor Relations Board (NLRB) ruled that an employer may cease honoring union dues-check off arrangements after the expiration of the collective bargaining agreement, without prior bargaining with the union. The theory has always been that the union dues check-off is a contractual provision only, much like the no-strike clau...
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EEOC SETS FORTH ITS STRATEGIC ENFORCEMENT PLAN

| March 2013
The EEOC in late December sets forth its strategic enforcement plan for 2013-2016. The Commission has identified priorities for national enforcement including issues that would have broad impact, issues involving developing areas of the law, issues affecting workers who may lack an awareness of their legal protections, and issues that may be best addresse...
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WIMBERLY & LAWSON COMMENTS

| March 2013
The issue in the Noel Canning case will likely end up in the U.S. Supreme Court. The President will argue that he is unable to fulfill his chief constitutional obligation to “take care that the laws be faithfully executed,” or that the interpretation could even pose national security risks. The court answered this issue by stating that if Cong...
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NEW POSTER REQUIRED BY FAMILY MEDICAL LEAVE ACT (FMLA)

| April 2013
There is a new poster required by the Family and Medical Leave Act (FMLA) that must be posted as of March 8, 2013. Among other things, the new poster includes changes to FMLA leave matters relating to Military Family Leave and Military Caregiver leave. As with the prior poster, notice must be displayed in “a conspicuous place where employees and app...
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CONFIDENTIALITY REQUIREMENTS FOR MEDICAL INQUIRIES

| April 2013
Both the ADA and the Genetic Information Non-Discrimination Act (GINA) have confidentiality requirements. Some of the requirements relate to activities lawful under the ADA, but not under GINA. The ADA focuses on actual conditions, while GINA focuses on genetic information that may never develop into a condition. An example of the difference is the situa...
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