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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.

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 th…
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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 credi…
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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 the…
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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 awar…
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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 mem…
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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 flexibi…
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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 "utiliz…
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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 po…
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DISCRIMINATION PLAINTIFF MUST PAY BACK SETTLEMENT PROCEEDS DUE TO VIOLATING CONFIDENTIALITY PROVISION

| May 2014
In settlement agreements, it is quite common for the parties to insert confidentiality provisions, such as the following: "The plaintiff shall not either directly or indirectly disclose, discuss or communicate to any entity or person, except his attorneys or other professional advisors or spouse any information whatsoever regarding the existence or terms of…
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PLAINTIFF RECOVERS ONLY $8,000, BUT EMPLOYER HAS TO PAY PLAINTIFF'S ATTORNEY $104,000

| May 2014
A recent case demonstrates a dilemma many employers face in defending legal claims. A plaintiff employee may successfully sue and recover only a small amount of money, but under the various discrimination laws, the laws generally provide for the employer to pay the prevailing plaintiff's attorneys' fees. In a recent decision, the plaintiff's employee obtai…
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SUPERVISOR SUCCESSFULLY BRINGS DEFAMATION CLAIM AGAINST UNION

| May 2014
It is rare for defamation claims by or against unions to successfully proceed in a union environment, but a recent case makes an exception. Thomas v. Steelworkers Local 1938, 37 IER Cases 1233 (C.A. 8, 2014). The supervisor at a steel mill established a claim subject to jury trial alleging that the vice president of the union defamed him regarding incidents…
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