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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.

GET READY FOR OSHA’S NEW HAZCOMM RULES TRAINING DEADLINE: DECEMBER 1, 2013

| June 2013
By December 1, 2013, U.S. employers must be ready to comply with new hazard communications (“HazComm”) standards. The new rules bring the United States into alignment with other countries that have signed onto the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). They replace and expand upon OSHA…
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NLRB CLARIFIES ITS POSITION ON EMPLOYMENT AT-WILL EMPLOYMENT POLICIES

| June 2013
Employers have long been warned that they must include at-will employment language in their employment policies, in order to preclude an employee from claiming that the employer’s employee handbook or other personnel policies constituted an enforceable contract. These provisions are often written by lawyers and referred to as “disclaimers.&rdquo…
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NEW "SILENT RAIDS" CONDUCTED BY ICE

| September 2013
According to published reports, the U.S. Immigration Customs Enforcement Agency ("ICE") has sent out some 1,000 notices of immigration audits across the U.S. The large number of notices during September is apparently tied to the close of the end of the government's fiscal year on September 30. The government refuses to release the names of the companies bei…
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AFL-CIO TO FORM RELATIONSHIPS WITH OUTSIDE GROUPS

| September 2013
Union membership in the U.S. continues to dwindle, with the percentage of American workers in unions dropping to 11%, and less than 7% in the private sector. The decline in organized labor continues in spite of a very pro-union administration in power, and a favorable NLRB. Apparently, the AFL-CIO has now concluded that it cannot achieve gains in organized…
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OFCCP PUBLISHES NEW DISABILITY-RELATED REGULATIONS: "ASPIRATIONAL GOALS" FOR HIRING DISABLED ADDED TO AFFIRMATIVE ACTION PLANS

| September 2013
The U.S. Department of Labor has announced two final rules that will add to the already substantial reporting requirements imposed on federal contractors by the Office of Federal Contract Compliance Programs (OFCCP). These rules will be effective 180 days from the date of publication in the Federal Register. OFCCP enforces Executive Order 11246, which has r…
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ARE YOU READY FOR OCTOBER 1, 2013?

| September 2013
On May 8, 2013, the U.S. Department of Labor (DOL) provided temporary guidance about the soon-to-launch Obamacare exchanges. According to the guidance, employers must provide notice about the exchanges to current and all newly hired employees starting no later than Oct. 1, 2013 (“Exchange Notice”). DOL also announced an updated model election n…
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USE OF PAYROLL CARDS RAISING LEGAL AND STRATEGIC ISSUES

| December 2013
Many employers have found the use of payroll cards to be extremely advantageous, not only to the employer, but to employees as well. Employers can save around $50.00 per employee per year, due to eliminating the need to physically provide a paycheck, reducing or eliminating bank service fees, and reducing paycheck fraud. Similarly, many employees do not hav…
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EMPLOYER PLANS DEVELOPING FOR FUTURE OF HEALTHCARE

| December 2013
Several trends in current as well as long-range plans are developing for private employers concerning healthcare. In terms of immediate developments, several large employers, including United Parcel Service and Delta Airlines, have announced that they will remove thousands of spouses from their healthcare coverage because they are eligible for coverage else…
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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 to…
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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 Whi…
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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 abuse…
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