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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.

ADMINISTRATION TO PROMOTE PAY EQUALITY BY REQUIRING NEW EEO-1 INFORMATION TO BE FILED

| March 2016
For several years, equal employment agencies have been pursuing requirements that employers collect and report pay data categorized by race, gender and ethnicity in order to better apply the equal pay and other discrimination laws.  The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) proposed an "equal pay report" t...
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OBAMA ADMINISTRATION CONTINUED TO ADD MORE OBLIGATIONS ON FEDERAL CONTRACTORS WITH NEW PAY TRANSPARENCY REGULATIONS

| March 2016
Stymied by a Republican led Congress, the Obama Administration has demonstrated its willingness and ability to use the pen to enact its liberal agenda through executive and agency action.  In the past few years alone, the Administration has raised the minimum wage for federal contractors to $10.10 (Executive Order 13658), prohibited federal contracto...
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WAGE-HOUR ISSUES GUIDANCE ON JOINT EMPLOYER LIABILITY

| March 2016
Attorneys and clients are familiar with cases in which a plaintiff sues a group of defendants, hoping that the plaintiff can find a "deep pocket" so that at least one of the defendants will pay off the damage claim.  A recent example of this on the federal employment level is the ruling of the NLRB last August in Browning-Ferris Industries, 362 NLRB ...
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ICE Issues Guidance for Employers Conducting Internal I-9 Audits

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Most employers conduct internal I-9 audits although they are not technically required by law.  On December 14, 2015, the U.S. Immigration Customs Enforcement (ICE) and Office of Special Counsel (OSC) issued guidance for employers conducting such audits.
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New Horizons in Discrimination: Transgender/Transracial Issues

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Between Caitlyn Jenner and Rachel Dolezal, this seems to be the Summer of Trans.  Federal anti-discrimination laws were designed to prohibit disparate treatment based on immutable characteristics – things we were born with, such as gender, race, color, and national origin.  They were expanded to include other factors over which we had no control, such as ...
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Days of Flags and Rainbows - Does Your Office Have a Policy Governing Office Decor?

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
In the last month, high profile news events have demonstrated the power of symbols to inspire strong reactions - both positive and negative.  For example, the display of the confederate flag evokes feelings of "heritage" or "racism," depending on the background of the viewer.  The rainbow symbol of gay pride has been widely displayed to celebrate the U.S....
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NLRB Expands "Joint Employer" Doctrine to Support Labor

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
The NLRB issued on August 27, 2015 its long-awaited decision in Browning Ferris, 362 NLRB No. 186, which, as predicted, has greatly expanded the "joint employer" theory of employer liability under the National Labor Relations Act.  The new doctrine will increase the number of situations in which one company can be found liable for another company's unfair...
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Obamacare Shows Improved Numbers, but Problems Remain

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Government officials reported that over 2.1 million people have selected plans from either state or federal healthcare exchanges by the end of the year, the vast majority enrolling in December. While these numbers are well short of the more than 3 million enrollees the Administration expected, the numbers are an improvement over the 365,000 that had signe...
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Union Fines Employee $22,000.00 for Crossing Picket Lines

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employers often hear rumors of employees being fined for crossing picket lines during union strikes or other work stoppages. Indeed, a union's ability to fine its members is one of the arguments raised by employers in union organizational campaigns. Employers rarely get to see the results of an actual case to see how unions operate in this regard. A recen...
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NLRB Rules Prohibited Class Action Waivers Again Rejected by Court

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
As stated in the prior article, the National Labor Relations Board protects concerted activity on the part of employees. Concerted activity refers to the concept of two or more employees joining together to improve their work situation. A relatively recent application of the concept pertains to employers who require all applicants and employees to sign ar...
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NLRB Prohibition of Employer Rule "Walking Off the Job" Enforced in Court

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
One of the most common work rules that any employer utilizes is a rule prohibiting "walking off the job" without permission. This newsletter has included many articles over the last year or so warning employers of the current view of the Administration and the NLRB, that many employer work rules are over broad and "chill" legitimate union and other protec...
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