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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.

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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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Criminal Background Checks - Damned If You Do and Damned If You Don’t

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
There are a great deal of regulatory guidelines, publicity, and confusion, about the need for criminal background checks of job applicants. A recent federal appeals court case indicates that in at least some circumstances, an employer may be sued in a negligent hiring claim based on a company’s failure to conduct a criminal background check. Keen v. Mille...
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Issue of Applicant Rejected Due to Heavy Accent

| Employment Law Newsletter: A Monthly Report On Labor Law Issues
Obviously many jobs require the ability to effectively communicate. Sometimes, however, there is tension between an employer’s legitimate need to require an ability to communicate, and an applicant’s right be free of discrimination based on national origin. In a recent case, a Jamaican born applicant was not hired because his accent was too heavy for inte...
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