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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.

OFCCP ISSUES GUIDANCE ON NEW DISABILITY/VETERAN'S AFFIRMATIVE ACTION REQUIREMENTS

| September 2014
There has been some confusion about when the new requirements pertaining to individuals with disabilities and protected veterans apply to affirmative action plans. The additional requirements only apply when specific contract value and employee thresholds are met. Employers with federal contracts worth more than $10,000.00 are subject to the general non-...
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RECENT REGULATIONS GIVE AN EMPLOYER TWO WAYS TO MINIMIZE THE IMPACT OF THE 90-DAY LIMIT ON WAITING PERIODS

| September 2014
Obamacare prohibits an employer from imposing a waiting period of more than 90 days before an otherwise eligible full-time employee can begin participating in the employer's health plan. Recent regulations, however, create two safe harbors that an employer, particularly an employer with high turnover, may wish to consider. Regulations issued in February ...
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NEW DUELING RULINGS SUGGEST THAT OBAMACARE MAY GO TO THE SUPREME COURT AGAIN

| September 2014
Obamacare and the related regulations have generated much litigation, including two U.S. Supreme Court decisions. The Supreme Court ruled in a case brought by 26 states and others that requiring individuals to pay a penalty for not having health insurance is constitutional as a tax. The Supreme Court also ruled in the Hobby Lobby case that the federal gov...
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WILL GOVERNMENT CONTRACTING RULES REQUIRE REPORTING OF LAW VIOLATIONS BY UNIONS?

| October 2014
An editorial in a recent Wall Street Journal edition makes an interesting point by raising the question of whether some of the new OFCCP government contracting rules can be applied to labor unions. President Obama's Executive Order signed on July 31 of this year requires federal contractors to disclose labor law violations for the past three years before ...
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OFCCP PROPOSING "EQUAL PAY" REPORTS TO FURTHER ADD TO BURDENS OF FEDERAL GOVERNMENT CONTRACTORS

| October 2014
On August 8, the Office of Federal Contract Compliance Programs (OFCCP) proposed to amend its implementing regulations for Executive Order 11246, which sets forth the reporting obligations of federal contractors and subcontractors. The amendment would add a requirement that employers who file EEO-1 reports, have more than 100 employees, and a contract, su...
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FEDERAL EXPRESS CHANGES ITS BUSINESS MODEL DUE TO CHALLENGES TO INDEPENDENT CONTRACTOR STATUS OF ITS DRIVERS

| October 2014
As an essential part of its business model, over the years Federal Express (FedEx) has contracted with its drivers to deliver packages to its customers. The drivers must wear company uniforms, drive company-approved vehicles, and groom themselves according to the company's appearance standards. The company tells its drivers what packages to deliver, on wh...
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UNIONS ALSO LOOKING FOR "EMPLOYEES" AMONG COLLEGE ATHLETES

| October 2014
In the much publicized case involving Northwestern University football players, the NLRB regional director in Chicago ruled that college players that receive football scholarships to private colleges qualify as employees under the Labor Act because they receive compensation and are subject to the employer's control. Northwestern University, Case 13-RC-121...
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FAST FOOD DEMONSTRATIONS RESULT IN EFFORTS TO FIND LIABILITY ON FRANCHISORS AND OTHER ALLEGED JOINT EMPLOYERS

| October 2014
In recent years there has been a campaign among fast food workers, particularly those employed by McDonald's franchisees, to demand "$15.00 and a union" and the results are leading to changes in the legal environment. Demonstrations were held in as many as 150 cities across the U.S. in September, and in some cases the fast food workers walked off their jo...
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OSHA ANNOUNCES NEW REQUIREMENTS FOR REPORTING SEVERE INJURIES AND UPDATES LIST OF INDUSTRIES EXEMPT FROM RECORD-KEEPING REQUIREMENTS

| November 2014
The Occupational Safety and Health Administration recently announced a final rule requiring employers to notify OSHA in the event of an on-the-job fatality or work-related hospitalization, amputation or loss of an eye. The new rule also updates the list of employers partially exempt from OSHA record-keeping requirements. These rules apply effective Jan. 1...
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EEOC LAWSUIT CHALLENGES STANDARD SEVERANCE AGREEMENT PROVISIONS AS UNLAWFUL TITLE VII VIOLATIONS

| November 2014
A pattern or practice lawsuit has been filed by the Equal Employment Opportunity Commission ("EEOC") against CVS Pharmacy contending that what most consider to be standard severance provisions in a release agreement are actually violations of Title VII. EEOC v. CVS Pharmacy, Inc., No. 1:14-CV-863-JWD (E.D. Ill.). The release provisions primarily pertain t...
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WHILE A SMALL MAJORITY OF AMERICANS FAVOR UNIONS, A MUCH LARGER MAJORITY WOULD VOTE FOR A RIGHT-TO-WORK LAW

| November 2014
An interesting and recent Gallup poll conducted in August shows how the American public feels about labor unions, and also about right-to-work (RTW) laws. The poll shows that 53% of Americans approve of labor unions, a figure similar to other union ratings in recent years. The record low approval rating for unions was 48% in 2009. In contrast, the poll r...
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