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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.

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 worked…
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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. …
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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 ev…
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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 p…
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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" to…
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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 contractors…
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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 No…
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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 ag…
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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. 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 l…
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