Top 10 Developments in Labor and Employment Law in 2010

Here are my picks for the biggest developments in Labor and Employment in 2010. There was a lot going on in 2010 and so I'm sure I've overlooked some big things.  Feel free to point out what I missed or tell me why I'm wrong in the comments:

1. Bullying
2010 was the Year of the Bully.  Nationwide, bullying gained attention and anti-bullying measures gained traction.  Below is a graph of Google Searches for "bullying" from 2004-2010:

Much of the bullying attention involved schools and children.  However, "a rising tide raises all sails" and bullying in the workplace also received attention.  New York passed an anti-bullying statute in its workplaces in May. David Yamada over at Minding the Workplace is an advocate for this movement, while Michael Fox over at Jottings by an Employer's Lawyer holds the contrary view.  Whether you're concerned or not concerned about bullying or anti-bullying legislation, expect to see more of this issue in 2011.  The graph below shows the appearance of bullying in news stories from 1980-2010. 

2. The Supreme Court invalidates about 600 NLRB Decisions
In  New Process Steel the Supreme Court struck down 27 months worth of decisions decided by a two-member National Labor Relations Board.

3. 27 month two member Board ends with appointments of Becker and Pearce.

The long stint of a two member Board at the NLRB came to an end when  Becker and Pearce were appointed in April.


4. Health Care Law
Passed in March, the Patient Protection and Affordable Care Act  is not primarily a labor or employment law, although it will certainly impact the workplace and it does create new employer obligations/employee rights.  These include  obligations to provide insurance that kick in in 2014 and the employer obligation to provide breaks and an area (other than a bathroom) to nurse or express milk (pump) that is already in effect.  Besides its direct impact, the law may have indirect effects in workplace law, such as possible impact on state workers' compensation schemes.

5. Whistleblower Rights
The Whistleblower Protection Enhancement Act passed and agencies are expecting to be inundated with new whistleblower claims.  Judging by the trend in the word's appearance in newspapers, I would say they are right:

but looking at the google search trends for "whistleblower", it doesn't seem like people are any more interested in finding out about whistleblower rights today than they were last year:

6. Labor Unrest in China
Labor unrest and strikes are a new development in China, and possibly a sign of things to come.  China's One Child policy is now shifting power into the hands of only children who are in demand in China's factories.


7. The NMB Changes what it takes to be a Majority
The National Mediation Board (which has jurisdiction over entities covered by the Railway Labor Act) changed its majority requirement so that voters who don't vote are no longer counted as "no's".  This means that in NMB elections, like NLRB elections, a union only has to win a majority of those who vote, not a majority of all employees.


8. EEOC issues GINA Regs
In November, the EEOC passed new regs on the Genetic Information Nondiscrimination Act, a law still little understood, that will be effective January 9, 2011. GINA and its regulations will become more important for employers as the science of genetic testing improves. But the regulations are important now as even casual conversations about an employee's health or family history could run afoul of GINA if the employer asked too many questions.

9. NLRB issues complaint in facebook firing case
See the Jeffery Hirsch's thoughts here.

10. Lewis v. City of Chicago
Philip Miles has written extensively on this case over at lawffice space  and has named this the employment law case of the year. Here is his take:
"First, Lewis was a rare unanimous decision for the Court as Title VII cases are often sharply divided. Second, it set a clear rule: The statute of limitations for a disparate impact claim begins upon the application of the employer's practice, not the implementation.
What more could you ask for than a nationally binding precedent from a unanimous court with a clear rule of law? Sure, it didn't have the media hype of 2009's Ricci v. DeStefano (See my summaries of those opinions); nor did it generate the controversy of Gross v. FBL (summary here). Sometimes it's just nice to have a solid ruling on which to rely."

Happy New Year!