The Majority Opinion: Legal Blog

As I finish up this update, I am somewhere over the southeastern part of the country, about to touch down in Atlanta.  Pardon the shorter post.  Given the recent laws that have been passed in North Carolina and Mississippi, transgender matters have started to become a major focal point in the workplace.  I came across a well written article that breaks down these recent laws and places an emphasis on how it impacts employers in both states.  Well worth a review, even for readers not in either state! As always, below are a few articles that caught my eye this week. Volkswagen Appeals NLRB Ruling That Allows UAW to Organize At Chattanooga Plant Earlier this month, I wrote an article about the NLRB's ruling which upheld a vote by a group of workers at Volkswagen's Chattanooga plant to be organized by the United Auto Workers ("UAW").  Earlier this week, it was announced that Volkswagen will appeal the NLRB's ruling in federal court.  (Although it was n

Earlier this month, the Maryland legislature passed equal pay legislation that would supplement existing laws already in place.  (At this point, the bill is before Maryland Governor Larry Hogan.).  Under the bill approved by the legislature, an employer in the state would be prohibited from paying an employee a lower wage than another employee of the opposite sex or gender identity if both employees work in the same establishment and perform comparable work.  Of course, there are a few exceptions carved out which would allow different pay based upon non-discriminatory seniority or merit systems, or for jobs that require different skills or responsibilities.  Differences in wages would also be permitted for work performed on different shifts or at different times during the day.  In addition, exceptions are allowed for factors besides sex, such as job related education, training, and/or experience. In addition, employers in Maryland would be restricted from prohibiting employees

Minimum wage has become a hot button issue on the campaign trail this year, particularly on the Democratic side.  Given the increased importance this topic has gotten, and the fact that is primary day in several states today, I think it is helpful to see where all the candidates still running for President stand on the the issue of minimum wage (both on the federal side and at the state level). Since Democrats have been the vocal leaders on the issue, it makes sense to start there. Hillary Clinton - Secretary Clinton recently clarified her position on the minimum wage issue and said she would support a $15/hour federal minimum wage put forth by Democrats if it included stipulations such as a gradual phase in and if it would include lower wages in areas with low costs of living.  Secretary Clinton has also recently supported state wide efforts to raise the minimum wage in states such as New York.  She has suggested that the minimum wage hike in New York (which will gradually s

Readers might remember that in March of 2015, Wisconsin became the 25th Right to Work state .  For those not familiar with Right to Work laws, these laws outlaw mandatory union dues as a condition of employment.  It goes without saying that Wisconsin becoming the 25th Right to Work state was was a monumental development, particularly in a state where Republican Governor Scott Walker had long fought the unions (and survived a recall effort, based in part of his anti-union approach). After it was announced that Governor Walker signed the Right to Work bill into law, the Wisconsin AFL-CIO, Machinists Local Lodge 1061 and United Steelworkers District 2 brought a suit to challenge it.   On April 8 of this year,  Judge C. William Foust of the Dane County Circuit Court held that the recently enacted Right to Work law in the state was invalid.  Foust based his holding on the fact that under the Right to Work law, "a free-rider problem is born - the ability of nonmembers [of a

One of the bigger topics that jumped out at me recently was the Department of Labor's recent publication of the "Persuader Rule".  In essence, this rule would require employers or consultants to report any arrangement to persuade employees in regard to the right to organize or collectively bargain.  It goes without saying, this rule could have major implications on employers across the country.  Given the importance this topic has received, I think it is appropriate to dedicate this post to that matter. As always, below are a few articles that caught my eye this week. A Closer Look at the "Persuader Rule" What better place to look at the "Persuader Rule" then the Department of Labor?  This is a great resource to dive deeper into the matter and take a closer look at the Rule. What Employers Can Expect with the "Persuader Rule" Robin Largent over at The California Labor & Employment Law Blog has a great article on the top

As with many employment and labor law related cases (and bills) that are being litigated around the country, there are always a few that stand out.  This is one to keep an eye on. "Ban the Box" laws have been a hot topic in the past few years.  However, some cities and states have been more active on the issue than others.  In Connecticut, House Bill 5237 is the state's most recent Ban the Box measure that is currently working its way through the state legislature.  Currently, the Bill has been referred to the Appropriations Committee for further review and discussion. Similar Ban the Box legislation has been considered in the state previously, but has not passed.  This Bill tracks similar Ban the Box legislation in other states in that, if passed, employers would be prohibited from asking applicants about past criminal convictions until after a conditional offer of employment has been made.  Of course, there are exceptions to this proposed law, such as if di

Earlier this year, I wrote about a case pending before the United States Supreme Court that dealt with agency fees and whether public sector unions could require all employees in the bargaining unit to pay the fees.  At the time, oral arguments had just been heard in which the petitioners (Friedrichs, et al.) argued that the Court's 1977 ruling in Abood v. Detroit Board of Education should be overturned.  The Court had ruled in Abood that workers do not have to join unions or fund a union's political activities.  However, these workers can be compelled to pay for collective bargaining and other costs of contract administration (commonly referred to as "agency fees"). At the end of last month, the Court issued its long awaited opinion on the matter and came back with a 4 - 4 tie...by way of a one page opinion, no less.  That 4 - 4 decision resulted in the Ninth Circuit's ruling remaining in place, which meant that California (and other states in that circu

Kilby v. CVS Pharmacy, Inc. - California Supreme Court Facts :  This case resulted from a certified question from the Ninth Circuit Court of Appeals in regard to a wage order requirement that mandates an employer provide suitable seating for employees under certain circumstances.  The particular wage order states "[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats."  In this case, the Ninth Circuit was considering the language and interpretation of the wage order in two  appeals cases, Kilby v. CVS Pharmacy, Inc. and Henderson v. JPMorgan Chase Bank NA .  Both appeals cases involved employees who claimed they were entitled to a seat while at work, per the suitable seating requirement of the wage order.  Holding :  The California Supreme Court began its analysis of the issue by tracing the legislative history of the suitable seating requirement from 1911 up to the present day.  In this ins

One of the better articles that I have come across lately was Evan Simon's analysis of the historical implications of the minimum wage fight over the years.  He does a great job tracing the roots of this fight by hourly workers across several decades, through the good and bad and the ups and downs.  For those interested in how we got to the "Fight for $15" movement, look no further.  As always, below are a few articles that caught my eye this week. A Closer Look at What Could Be on the NLRB's Radar Jon Hyman always has some great articles and this one is no exception.  As Jon writes, those interested in what the NLRB might focus on in the coming months could look to the NLRB General Counsel Memo 16-01 for some insight.  Granted, this is not a crystal ball, but I think the Memo might be a foreshadowing of the types of cases we will see the NLRB rule on during the course of this year.  Stay tuned.  Democrats Seek to Make Inroads on Equal Pay Day While Repu

Today, the National Labor Relations Board ("NLRB") voted 2 - 1 to deny Volkswagen's request to review a union election from last year at the company's Chattanooga plant in which a small group of employees agreed to be organized by the United Auto Workers ("UAW").  For those who were not following the issue, last December, the UAW won the organizing election among a small group of maintenance employees by a vote of 108 to 44.  The main contention raised by Volkswagen centered on the argument that labor decisions should be made by all 1,400 blue collar workers at the plant (rather than the group of nearly 160 workers that specialized in the repair and maintenance of machinery and robots who voted to organize in December). According to the NLRB, Volkswagen failed to raise a substantial issue warranting a review of the vote.  The NLRB held that Volkswagen could not establish that the additional employees it sought to include would share an "overwhelm

For those who might not be aware, today, April 12, is Equal Pay Day.  I have noted in recent months how equal pay has become a focal point on the campaign trail.  Well, at least on the Democratic side.  With that being said, given the fact that a female candidate is running for President (and could very well win in November), equal pay has taken on a heightened focus as of late.  I think it is appropriate to point readers to a few articles on the topic in order to give a little background on the topic. Equal Pay Day - Still An Uphill Fight Kathleen Turner (yes, that Kathleen Turner) wrote an article for the Huffington Post which highlights the extraordinary work that is still left to be done on the equal pay front.  Studies have shown that women earn on average 79 cents for every dollar that men make.  Given the long, hard struggle that it has been to get to simply get to that point, the fight is not over yet. U.S. Soccer Player Alex Morgan Tackles Equal Pay Rea

What a week it was on both sides of the country.  First, New York and California implemented minimum wage increases at the start of the week.  Then New York and San Francisco approved measures to provide paid leave to workers.  This was one of the bigger weeks that I can think of in recent memory in regard to new laws being passed which will impact a wide range of workers in both states. As always, below are a few articles that caught my eye this week. A Potential List of States That Could Enact New Paid Leave Laws Next Forbes has an in depth look at the next states that could follow New York and San Francisco's lead and offer paid leave to workers in the state.  Readers might be interested to note that of the 20 states that Forbes identifies, legislation has either been introduced or is being advocated for that mirrors what was recently approved in New York and San Francisco.  Stay tuned...the next few states to follow might happen sooner than expected. A Closer

Earlier this week, it was announced that New York State and San Francisco both passed laws that will provide paid leave for workers in the state and city.  Given the increased attention that paid sick leave laws have gotten the past several months (in particular by both Bernie Sanders and Hillary Clinton who are campaigning for the Democratic nomination for President), this is a huge development. In New York, the paid sick leave law will compensate parents for up to twelve weeks of leave.  With the approval of this paid leave law, New York becomes the fourth state in the U.S. to implement some form of paid leave to workers in the state.  (Note, the approval of this paid leave law was included in part of the budget deal that included a rise in the state's minimum wage ).  Under this paid leave policy, it will begin to be implemented in 2018 and cover 50% of a worker's average wages for up to 8 weeks.  When fully implemented, the policy will cover 67% of a worker's ave

(First we had major news out of New York yesterday in regard to a minimum wage hike.  Today, it is California.  This has certainly been a big week for supporters of minimum wage increases...). As expected, California Governor Jerry Brown signed into law a minimum wage bill yesterday that will raise minimum wage rates in the state to $15/hour.   Under the legislation passed, the minimum wage rate will rise to $15/hour within 6 years.  The minimum wage rate, currently at $10/hour, will increase to $10.50 by 2017, to $11/hour by 2018, and increase $1 every year thereafter until 2022.  Employers in the state with less than 26 employees will be given an extra year to comply.   As for future minimum wage increases, wages would increase every year beginning in 2024 based upon inflation.   This is a big development, given that several cities/industries in the state have already seen minimum wage increases.  With the Governor signing this bill into law, it now puts California

Late last week, it was announced that the Republican controlled Senate voted 61 - 1 to approve a budget that will gradually raise minimum wage rates in the state over the coming years.   However, not all portions of the state will see a $15/hour wage rate.  Readers might remember my note a few weeks ago about how Oregon implemented a scaled wage for workers in the state.  New York is set to follow a similar pattern.  New York City workers will earn $15/hour within three years.  Employers in the City with less than 10 employees will have the new wage implemented over 4 years.  For those workers in upstate New York, the hourly wage will increase to $12.50 over 6 years.   Those who have championed the "Fight for $15" movement in the state are unsurprisingly pleased with this recent development.  However, some have argued that all workers in the state should earn $15/hour.  However, as I had mentioned previously, I think that was an unlikely event given the fact that D

Yesterday, it was announced that the United States Women's National Team ("USWNT") filed a wage discrimination lawsuit against the United States Soccer Federation.  The players alleged in the lawsuit that they are paid almost four times less than the United States Men's National Team, despite generating almost $20 million more in revenue last year.  This is a huge story and one that continues to grow.  I will plan on covering it more next week, but in the meantime, I wanted to point readers to a few articles on the topic. As always, below are a few articles that caught my eye this week. President of United States Soccer Federation Responds to Lawsuit Joe Prince-Wright has a good article in regard to a conference call yesterday in which Sunil Gulati, President of the United States Soccer Federation ("USSF"), stated that United States soccer holds the USWNT in high regard and would be willing to compensate them fairly when it comes time to negotiate