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.
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…
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…
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…
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…
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…
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…
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…
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…
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…
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. …
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…
Top 10 Content (All-Time)
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Union Fines Employee $22,000.00 for Crossing Picket Lines -
GOVERNMENT Position: Worker Presents New Social Security Number and States Previous Documents Were Not Real -
OSHA Regional Emphasis Program for Poultry Processing Facilities -
OSHA ALERT: OSHA Regional Emphasis Program Targets Southeastern Poultry Processing Facilities -
AI Is Another Relevant Area of Employment Law Issues -
What Does It Take to Create a Hostile Work Environment? Apparently, a Single E-Mail Will Do -
Tips on Tipping for Georgia Restaurateurs — Part 1: Mastering Wage & Hour Regulations -
NLRB Explains What Employer Rules Are Unlawful and How to Make Them Lawful -
DOL Proposes to Increase Salary Threshold for Overtime Exemption: Will It Raise Wages or Cut Hours? -
Supreme Court Addresses Wage-Hour Collective Actions and Statistical Proof in Tyson Case
