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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.

PRESIDENT OBAMA’S UNILATERAL IMMIGRATION PLAN CREATES A CONFRONTATION WITH CONGRESS

| March 2015
On November 20, 2014, President Obama in an address to the nation announced his immigration plans to defer deportation for as many as 5 million immigrants in the country illegally. He announced that his unilateral action is necessary because the Republican-led House of Representatives has failed to pass a Senate-approved immigration plan for more than a y...
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NLRB OPENS UP EMPLOYER EMAIL SYSTEM TO UNION ORGANIZING

| March 2015
On December 11, 2014, the NLRB overruled its previous doctrine set forth in Register Guard, and ruled that employees have a Section 7 right to use their employer’s email system for union organizing purposes during their non-working time. Purple Communications, 361 NLRB No. 126 (December 11, 2014). In its 3-2 ruling, with the two Republican members d...
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U.S. SUPREME COURT CONSIDERS A SECOND OPPORTUNITY TO OVERTURN OBAMACARE

| April 2015
On March 4, 2015, the U.S. Supreme Court heard arguments in the second major case before it which will determine the future of ObamaCare, King v. Burwell. Unlike the first case, this second case does not deal with the constitutionality of ObamaCare but instead deals with its terminology. ObamaCare basically grants health insurance subsidies to people who ...
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NEW OSHA REPORTING RULE ENFORCEMENT PROCEDURES RAISE STRATEGY ISSUES FOR EMPLOYERS

| April 2015
Effective January 1, 2015, employers are required to report to OSHA within twenty-four (24) hours an amputation, the loss of an eye or any incident that results in at least one worker being admitted to a hospital for in-patient care, in addition to existing procedures requiring the reporting of fatalities within eight (8) hours. Little noticed in these ch...
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SENATE COMMITTEE AND CONGRESS TRYING TO BLOCK NEW NLRB QUICKIE ELECTION RULE

| April 2015
Employers may be lulled to a false sense of security by reading about legislative and judicial efforts to block the NLRB quickie election rule that goes into effect April 14, 2015. The effect of the new "quickie" or "ambush" election rules are to shorten the time frame from the union’s request of an election to the election date itself, from approxi...
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STRATEGIC RESPONSE PLAN TO AMBUSH UNION ELECTIONS

| April 2015
Since the effect of the new National Labor Relations Board (NLRB) "quickie" election rules is to deprive an employer of valuable time to address issues, it is critical for employers to do pre-planning steps to take in advance of union organizing, as well as steps to take at the onset of union organizing. Failure to take such steps could result in a situat...
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SUPREME COURT SAYS JURY ISSUE CREATED WHEN EMPLOYER FAILS TO PROVIDE LIGHT DUTY TO PREGNANT WORKERS

| May 2015
Employers may be required to provide light duty to pregnant workers because of the U.S. Supreme Court decision in Young v. United Parcel Service, Inc., No. 12-1226. In the course of her duties as a driver, the plaintiff regularly lifted and moved packages weighing over 20 pounds and up to 70 pounds. She became pregnant and her healthcare providers recomme...
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HOW DOL WAGE-HOUR INTENDS TO ALLOCATE ITS ENFORCEMENT EFFORTS

| June 2015
The Wage and Hour Division of the U.S. Department of Labor must allocate its resources just like other organizations. For many years, it has tried to focus on industries where it believes there is systematic or prevalent problems, and also those industries in which the employees are least likely to complain because of their vulnerability. One casualty is ...
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BROAD COMPANY POLICIES CAN CREATE BIG PROBLEMS, WHETHER IN HANDBOOKS OR NOT

| June 2015
Several recent cases dramatically illustrate the need for careful company drafting of its employment policies, even though some are not related to employee handbooks. Almost every employer, for legal reasons or otherwise, has posted policies dealing with workplace harassment and leave policies under the Family and Medical Leave Act (FMLA). In a recent cas...
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NLRB RESPONDS TO RIGHT-TO-WORK LEGISLATION

| June 2015
In a little-noticed NLRB announcement during April, the Labor Board is seeking input on a union fund raising initiative that has long been deemed illegal under federal labor law, at least since 1947. Unions are arguing that they should be allowed to charge non-members fees for handling grievances involving their employer, even though the union is represen...
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PRESIDENT OBAMA SAYS NEW WISCONSIN RIGHT-TO-WORK LAW WILL HURT WORKERS

| June 2015
On March 9, 2015, Gov. Scott Walker signed legislation making Wisconsin the 25th right-to-work state, saying the new law demonstrates that his state is "open for business." Wisconsin joined two other states in enacting a right-to-work law, Indiana and Michigan, as each passed such laws during 2012. Similar bills were introduced in some 20 states last year...
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