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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.

THE ISSUE OF POLICY CANCELLATION

| December 2013
Other negative public relations issues for Obamacare emerged at the end of October, when as many as 10 million American consumers are expected to have their individual healthcare plans terminated by their insurers effective on or around the first of next year. Currently, about 15 million people are covered under individual healthcare plans without regard ...
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MORE OBAMACARE POSTPONEMENTS AND OTHER DEVELOPMENTS

| December 2013
The Administration announced in October that it was postponing for individuals their obligations to sign up for healthcare without penalties for about six weeks. On October 23, the Administration announced that if consumers sign up for mandated healthcare coverage by the end of March, they will not face the $95.00 (or 1% of income) individual penalty. A W...
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NO RE-HIRE POLICY OF ALCOHOLIC DRIVER FOUND TO VIOLATE DISABILITIES LAW

| January 2014
Suppose a commercial truck driver telephones his supervisor informing him that he had too much alcohol over the weekend, that he thought he was an alcoholic, and that he was going to attend an Alcoholics Anonymous (AA) meeting. Suppose further this trucking employer has an unwritten policy that any driver who self discloses that he has had a substance abu...
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NLRB UPHOLDS EMPLOYER POLICY PROHIBITING USE OF RECORDING DEVICES AT WORK

| January 2014
The National Labor Relations Board in recent years has embarked upon a program to attack numerous work rules used by employers, on the theory that overbroad rules can "chill" legitimate union activities or other concerted employee activities. A recent example of such an attack is the case in which the NLRB General Counsel attacked an employer's work rule ...
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E-VERIFY NOW HAS TOOLS TO DETERMINE SOME IDENTITY THEFT

| January 2014
In a November announcement, the U.S. Citizenship and Immigration Services announced that the E-Verify system now has the ability to "lock" Social Security numbers that appear to be misused. The agency says it will use a variety of detection systems to identify "patterns of fraudulent SSN use" and then lock that number in the E-Verify system, much like cre...
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NLRB RE-ISSUES ITS "QUICKIE ELECTION" UNION VOTING RULES

| March 2014
On February 5, 2014, the NLRB re-issued its proposed amendments to the rules and procedures governing union elections, sometimes known as the "quickie election" or "ambush election" rules. In general, these rules are designed to reduce the time period for holding a union election from approximately six weeks to approximately three weeks from the date of t...
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FEDERAL APPEALS COURT REVERSES JURY AWARD; NO LIABILITY FOR STATE LAW WAGE PAYMENT LINE TIME CLAIMS, OR WORKERS’ COMPENSATION RETALIATION CLAIMS

| April 2014
In a major victory for a South Carolina poultry processor, the U.S. Court of Appeals for the Fourth Circuit has reversed a jury’s verdict in favor of 16 plaintiffs who claimed they were promised they would be paid “punch-to-punch,” instead of line time, as was the practice in the unionized facility where they worked. This wiped out an aw...
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VOLKSWAGEN SUPPORTS UNION IN CHATTANOOGA, BUT UNION LOSES ANYWAY

| April 2014
In a stinging defeat for organized labor, particularly in the South, Volkswagen workers in Chattanooga, Tennessee rejected representation by the United Auto Workers on February 14 by a vote of 712-626. Unions have long desired to organize workers in the South, especially to gain a footing in the South in the auto industry, particularly since their union m...
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IMPORTANT NEW OBAMACARE DELAYS AND UPDATES

| April 2014
There has been a long string of announcements by the Obama administration delaying implementation of the Affordable Care Act (ACA). The administration had previously delayed the application of the employer responsibility provisions (the tax) from January 2014 to 2015. The most recent announcement gives large employers with 100 or more employees more flexi...
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OFCCP ISSUES FINAL RULES UPDATING THE REHABILITATION ACT AND VIETNAM-ERA VETERANS' READJUSTMENT ASSISTANCE ACT (VEVRAA)

| May 2014
In a bid to boost the workforce participation of individuals with disabilities and veterans, the Office of Federal Contract Compliance Programs (OFCCP) has issued new rules that became effective on March 24, 2014. These new rules apply to all Federal contractors subject to Executive Order 11246. The new disability-related rules: • Establish a "util...
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WHAT DO EMPLOYERS DO ABOUT LEGAL MARIJUANA?

| May 2014
Employers are now confronting several issues involving off-duty marijuana use. First, there is a new type of "synthetic" marijuana that is not prohibited by many laws. Second, many states have passed laws allowing medical use of marijuana. Third, in at least three states, state law allows the legal use of marijuana for recreational purposes. These issues ...
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