The Majority Opinion: Legal Blog

On July 3rd, the National Labor Relations Board ("NLRB") issued a decision in Johnson Controls, Inc. which amended the test for determining the legality of an employer's withdrawal of union recognition prior to the expiration of a collective bargaining agreement ("CBA".) Precedent had previously established that when an employer received evidence, within a reasonable period of time before the CBA expired that the union that represented the employees no longer had majority support, the employer could give notice that it would withdraw recognition of the union when the CBA expired and the employer could  suspend bargaining or refuse to bargain for a successor contract.  However, this was done at the employer's own peril.  If the union proceeded to produce evidence that a majority of employees had either changed their minds or otherwise wished to retain union representation, the employer could be subject to an unfair labor practice charge for refusing t...

Earlier this month, New York Governor Andrew Cuomo signed a bill into law that bars employers in the state from discriminating against employees based upon their natural hairstyles. The law updates the definition of "race" to include "traits historically associated with race, including but not limited to, hair texture and protective styles."  "Protective hairstyles" include "braids, locks, and twists."  Notably, the law goes into effect immediately which means employers in the state have no time to delay in taking steps to comply.  Readers will recall that California enacted a similar law earlier this month as well .  With New York following suit, it will be interesting to see if other states do so as well.  Perhaps New Jersey, Illinois or Massachusetts will be next? For additional information:  https://www.nbcnews.com/news/nbcblk/new-york-second-state-ban-discrimination-based-natural-hairstyles-n1029931

Nieto v. Clark's Market, Inc. - Court of Appeals of Colorado, Division IV Facts :  Carmen Nieto ("Nieto") worked at Clark's Market, Inc. ("Clark's") and accrued vacation time pursuant to clark's policy in the employee handbook.  The policy stipulated how vacation time was to be accrued, how it could be used, and ether and under what circumstances employees would be entitled to payment for any unused vacation time when they left Clark's.  The policy stated that an employee was entitled to payment for accrued but unused vacation time if he/she voluntarily resigned and gave at least two weeks' notice.  However, if Clark's terminated the employee for any reason, no reason, or if the employee failed to give at least two weeks' notice before quitting, the employee would forfeit all earned vacation pay benefits. When Nieto was terminated, it refused to pay her for the vacation time she had accrued but not used.  Nieto filed suit ...

Quite a few articles to pick from this week, but one of the more noteworthy topics has to deal with the unionization efforts by campaign workers at the 2020 Bernie Sanders Presidential campaign and in particular, their fight for a $15/hour minimum wage rate.  A lot has been written on that topic over the past week or so, but the below article from Newsweek summarizes things pretty well. As always, below are a couple articles that caught my eye this week. Senator Gillibrand Makes Sexual Harassment in the Workplace A Focal Point of Speech to Union Members Yesterday evening, New York Senator Kirsten Gillibrand spoke at a conference of female union members in Iowa City, in which Senator Gillibrand made pointed remarks about combating sexual harassment in the workplace and criticized her fellow Democrats for failing to take action on the matter.  Senator Gillibrand, who is running for the 2020 Democratic nomination for President, has not hesitated in regard to her ...

As with many employment and labor law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on. Recently, the New York State Legislature passed S2844B, a bill that would enable an employer's current or former employee or the New York State Department of Labor to place a lien on an employer's interest in real or personal property for the face value of a wage claim (plus liquidated damages.)  In New York, a wage claim is defined as a claim for a violation of New York Labor Law Sections 170 (hours for labor for domestic workers), 193 (deductions from wages), 196-d (gratuities), or 652 and 673 (minimum wages), as well as the related regulations and wage orders promulgated by the labor commissioner.  A wage claim also includes a claim for wages due to an employee pursuant to an employment contract that were unpaid in violation of that employment contract as well as a claim for a violation of t...

Following on the heels of efforts to stop the implementation of San Antonio's paid sick leave ordinance, beginning next Thursday, August 1st, the paid sick leave ordinance in Dallas is set to take effect for many, but not all, workers in the city.   For those needing a refresher, for employers with six or more employees, August 1st is the day the paid sick leave ordinance begins.  For employers in the city with five or fewer employees, the paid sick leave ordinance will go into effect August 1, 2021.  But let us get into some specifics here: Under the ordinance, "employee" is defined as "an individual who performs at least 80 hours of work for pay within the City of Dallas, Texas in a year for an employer, including work performed through the services of a temporary or employment agency." For employers with six or more employees in the trailing twelve month period, these employees must be provided one hour of paid sick leave for every thirty hours wo...

Late Thursday evening, President Donald Trump tweeted out that he would nominate Eugene Scalia to fill the vacant Labor Secretary position, following Alexander Acosta’s abrupt resignation earlier this month. Scalia, a partner at the Washington office of Gibson, Dunn & Crutcher, heads into what is expected to be a contentious confirmation before the Senate.  Democrats have already started to make their opposition known, with Senate Minority Leader Chuck Schumer criticizing the pick as putting “corporate interests over those of worker rights.”  (Scalia does have prior experience representing employers, such as WalMart.)  With two 2020 Democratic Presidential candidates, Senators Bernie Sanders and Elizabeth Warren, sitting on the Senate Committee on Health, Education, Labor & Pensions that will hold initial confirmation hearings in the coming weeks, I would expect there to be a rash of media attention around the matter. As well, as some may have heard, Scalia ...