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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.

SUPREME COURT ALLOWS EMPLOYER TO REDUCE RETIREE HEALTHCARE BENEFITS

| September 2015
Many employers provide healthcare benefits not only for active employees, but also for retirees.  While pension benefits are normally thought of as vested, by and large employers have a great degree of leeway to design health and welfare plans according to their own wishes.  However, once the welfare plan is written, courts will enforce the terms…
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FIRST TRANSGENDER, NEXT TRANSRACIAL?

| September 2015
In light of the government's effort to provide protected status to transgender persons, and to require employers to honor an individual's choice as to what sex they wish to identify with, one wonders about recent "transracial" issues that arose concerning former NAACP Spokane Chapter President Rachel Dolezal.  Dolezal resigned on June 15 amid controver…
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EMPLOYER SURVIVES CHALLENGE THAT ITS SEVERANCE PLAN WAIVERS WERE INVALID, NOT MEETING REQUIREMENTS OF GROUP WAIVERS

| November 2015
The Age Discrimination in Employment Act (ADEA) contains various protective provisions governing the binding nature of a settlement or waiver of a potential age discrimination claim.  The ADEA is somewhat unique in setting forth additional requirements that are not necessary for a settlement or waiver to be binding in any other discrimination claims, s…
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EXECUTIVE ORDER ON MANDATORY SICK LEAVE FOR FEDERAL CONTRACTORS

| November 2015
In celebration of Labor Day, President Obama on September 7, 2015 announced an Executive Order requiring federal contractors to provide minimum amounts of paid sick leave to their employees.  This rule follows others, such as the $10.10 mandatory minimum wage, that make a broad statement but apply only to employers who do business with the federal gove…
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STRATEGY REGARDING NLRB ATTACKS ON COMMON EMPLOYMENT POLICIES

| November 2015
The blows seem to keep coming from the National Labor Relations Board (NLRB) attacking common employer personnel policies.  The NLRB's philosophy is that any policy that could be read by an employee to prohibit legitimate union or other concerted activities is unlawful because it "chills" such union or other concerted activities.  Further, the NLR…
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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 circums…
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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 whe…
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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 questi…
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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 mi…
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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 propo…
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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 ra…
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