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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.

OTHER CONCERNS ABOUT REFUSING TO HIRE OR DISCHARGING EMPLOYEES PRESENTING A NEW SOCIAL SECURITY NUMBER

| December 2015
In our March newsletter, we discussed a provision in the U.S. Citizenship and Immigration Services Handbook for Employers, Guidance for Completing Form I-9, which deals with a situation where an employee informs the employer that his or her identity is different from that previously used to complete Form I-9.  The Guidance states that: "In that circu...
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CONCEPT OF DISPARATE TREATMENT EXAMINED CONCERNING APPLICATION OF ATTENDANCE RULES AND OTHERS COMMITTING SIMILAR OFFENSE

| December 2015
A recent case illustrates important principles concerning whether an employer has equally applied its attendance policies, as well as its other work rules.  Watkins v. EFP, LLC, 125 FEP Cases 1756 (N.D. Ala. 2014).  The African-American plaintiff first contended that the employer treated him differently than a similarly-situated white employee w...
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RIGHT TO REPRESENTATION WHEN EMPLOYEE ORDERED TO TAKE DRUG TEST

| December 2015
A couple of recent cases from the National Labor Relations Board (NLRB) create additional issues for employers when unionized employees refuse to take drug tests, and/or demand some type of representation prior to taking such tests.  Some 40 years ago the U.S. Supreme Court ruled in a case involving a unionized employer that, when an employee is ques...
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ELECTION RESULTS SINCE QUICKIE ELECTION RULE WENT INTO EFFECT IN APRIL

| December 2015
Jim Wimberly attended a presentation by the General Counsel of the National Labor Relations Board, Richard Griffin, in San Diego, California, on November 11, 2015.  Griffin presented up-to-date election statistics on petitions filed for elections with the NLRB for the first six months under the new quickie election rules, running from mid-April to ...
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PROSPECTIVE DATES OF IMPLEMENTATION OF NEW OVERTIME RULES LIMITING WHITE COLLAR EXEMPTIONS

| January 2016
During late November, at a conference at the American Bar Association’s Labor and Employment Law Section, Solicitor of Labor Patricia Smith, stated it was likely that the new white collar eligibility rules will not be issued until late 2016.  One of the reasons for the time frame is that DOL received approximately 270,000 comments about the pro...
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HOW THE MINIMUM WAGE IS AFFECTED BY REQUIRED DRESS CODES

| January 2016
Some employers forget that minimum wage laws do not allow employers to charge employees for the purchase or rental of the uniforms and possibly cleaning to the extent it causes an employee’s pay to fall below minimum wage or statutory overtime.  The situation particularly comes into play where employers charge employees a lump sum for uniforms ...
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ARE YOU READY TO COMPLY WITH OBAMACARE INFORMATION REPORTING REQUIREMENTS?

| January 2016
Each employer with 50 or more full-time employees (30 hours or more per week) must provide employee-specific information to the IRS about the health coverage offered during 2015, whether healthcare benefits are offered or not.  The employer must send a Form 1094-C to the IRS, which gives a company level overview of the benefits offered and hours work...
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LESSONS YOU SHOULD LEARN FROM OTHER EMPLOYERS FORM I-9 AND DISCRIMINATION VIOLATIONS

| January 2016
When an employer violates the I-9 paperwork or discrimination requirements, either USCIS (for paperwork violations) or the Office of Special Counsel for Immigration-Related Unfair Employment Practices (for discrimination violations) will initiate an action for penalties against the employer.  The employer has the opportunity to settle or to fight.&nb...
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TRENDS IN ELIMINATING OR CHANGING PERFORMANCE APPRAISALS

| January 2016
There seems to be a trend developing among many employers of eliminating annual performance reviews, and instead relying on more constant feedback.  Kiplinger reports that some 6% of Fortune 500 employers have recently eliminated the process and that many more are likely to follow.  The theory is that ongoing feedback on a quarterly, monthly or ...
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BUDGET DEAL INCREASES OSHA PENALTIES AND REPEALS AUTOMATIC ENROLLMENT

| January 2016
Two little known aspects of the so-called "budget deal" of the Bipartisan Budget Act of 2015, significantly affect employment.  One provision amends the Federal Civil Penalties Inflation Adjustment Act of 1990 to require all agencies with civil monetary penalties covered by the statute to adjust those penalties to represent the change in the consumer...
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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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