The Majority Opinion: Legal Blog

Some readers might have been watching either the RNC last week or the DNC this week and heard a few parts of speeches that dealt with labor and employment law matters.   Last week, I had highlighted some of Ivanka Trump's speech which emphasized equal pay .  I think it is appropriate this week to give a nod to the recently released DNC platform which includes a provision for raising the minimum wage rate to $15/hour.  As always, below are a couple articles that caught my eye this week. A Closer Look at the Democratic Party Platform's Position on Minimum Wage Increase A few weeks ago, I had mentioned that the Democratic Party Platform for 2016 would include support for a $15/hour minimum wage rate.  The Platform, released late last week, calls for a $15/hour minimum wage rate "over time"...not quite what Senator Bernie Sanders had called for, but still more progressive than the $12/hour minimum wage rate that had been advocated by Secretary Clinton. I

Earlier this month, the Ohio Attorney General, Mike DeWine, issued an advisory opinion in which he stated that the Ohio Constitution does not grant cities or municipalities the right to adopt their own minimum wage rates that exceed (or conflict) with the statewide hourly rate.  Note, the current state wide minimum wage rate in Ohio is $8.10/hour.  Several cities such as Cincinnati and Cleveland have taken steps to approve a $15/hour minimum wage rate. It is important to note that in Ohio, only the General Assembly can determine the state's minimum wage rate.  At this point, Democrats in both the House and Senate in Ohio have proposed a $10.10/hour minimum wage rate across the state.  However, with little support from Republicans (who also control the state legislature), I would not hold my breath on an increase in the state wide minimum wage rate...at least not as long as Democrats are in the minority.   With that being said, back in 2006, voters in Ohio approved a stat

Earlier this month, I had provided an update on a Fair Labor Standards Act ("FLSA") suit that had been filed several minor leaguers that claimed they were not paid paid overtime nor minimum wage for their work.  (Readers might remember the suit had received conditional class certification previously.)  In addition, readers might recall that a bill had recently been introduced in Congress which would prohibit minor leaguers from earning minimum wage.  The bill, known as the "Save America's Pastime Act", was quickly met with harsh criticism....so harsh that one of the sponsors of the bill almost immediately withdrew her support of the bill. In regard to the FLSA suit, however, a federal judge recently decertified the class on the grounds that adjudicating the case on a collective basis would be unimaginable, if not impossible.  In the judge's opinion, he noted that the individual issues that would arise when considering the rate of pay each player rec

Talk about a busy week.  I have been on the road for work most of the first four days this week and have barely had a chance to look up.  With that being said, I still came across a couple good articles that I think readers will enjoy. As always, below are a couple articles that caught my eye this week. Ivanka Trump Advocates For Equal Pay Last night at the Republican National Convention, Ivanka Trump spoke before introducing Donald Trump.  During her speech, Ivanka advocated for equal pay for women in the workplace.  She further seemed to suggest for additional support for women with newborns (ie expanded maternity leave).  Quite an interesting topic to come up during her speech...considering that Republicans have traditionally not been at the forefront of advocating for equal pay. $15 Minimum Wage Hike Hits a Snag in Baltimore The Baltimore Sun has a good update on the developing fight in Baltimore to raise the minimum wage rate to $15/hour.  As the article notes, B

As with many employment and labor law related cases that are being litigated around the country, there are always a few that stand out.  This is one to keep an eye on. Facts :  Matthew Christiansen filed suit against Omicom on the grounds that the company discriminated against him because he was gay, among other reasons.  While sexual orientation, in and of itself is not classified as sex discrimination under Title VII of the Civil Rights Act of 1964, Christiansen argued it should be included as a protected class under Title VII.  While the District Court agreed with this argument, Christiansen's claim was dismissed on the grounds that a prior decision, Simonton v. Runyon , had held that sexual orientation based discrimination is not covered under the law.  Christiansen subsequently appealed. The Main Issue :  Does sexual orientation fall within a protected class (and amount to sex discrimination) that is covered under Title VII of the Civil Rights Act of 1964? Curren

A few weeks ago, Representative John Becker, introduced legislation in the Ohio legislature to enact right to work legislation in regard to public sector unions.  Becker, a Republican, noted that although fellow Republican, Gover John Kasich, has said right to work legislation is not currently a priority, that did not deter him from proposing this bill.  In addition, the fact that right to work legislation that would have impacted the private sector did not pass last year did not prevent Representstive Becker from proceeding ahead. Let's see if this version of right to work legislation can pass this time around. For additional information:    http://www.cincinnati.com/story/news/politics/2016/06/30/becker-introduces-public-right--work-bill/86562318/

Ironically, this summer has turned into a busy time at work with a lot of travel and trips out of town.  Having been in Phoenix a few weeks ago, John Hall's note on OSHA tips for dealing with heat exposure jumped out at me.  Whether you have employees in Phoenix, Minneapolis, Manchester, or anywhere in between, I think John's article is well worth a quick review to stay informed on the matter. As always, below are a couple articles that caught my eye this week. EEOC Reaches Settlement on its First Sexual Orientation Bias Lawsuit Over at The Employer Handbook , Eric Meyer wrote an update on the EEOC announcing a settlement on its first sexual orientation bias lawsuit.  Back in March, the EEOC filed its first lawsuits in which an employer had allegedly violated Title VII of the Civil Rights Act of 1964 by discriminating based upon sexual orientation.  Recently, the EEOC announced it had settled one of those lawsuits for $200,000.00.  Eric does a good job breaking down

Miller & Anderson, Inc. - NLRB Facts :  In 2012, Sheet Metal Workers International Association Local 19 filed an election petition.  The union requested a vote on union representation by sheet metal workers at Miller & Anderson, Inc. along with temporary employees working on the project that were supplied to Miller by Tradesmen International.  While it was stipulated that Miller and Tradesmen were joint employers of the temporary employees, Tradesmen had no employment relationship with Miller's sheet metal workers. After an NLRB regional director dismissed the election petition, the National Labor Relations Board ("Board") agreed to review the case. Finding :  The Board began its analysis with a nod to two prior decisions that directly impacted this matter.  The first was a decision from 2000, M.B. Sturgis .  In that decision, the Board had held that it was permissible, without employer consent, to have a bargaining unit comprised of temporary workers

As with many labor and employment cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on. Currently, the California Legislature is considering AB 1676 which would prohibit employers from making verbal or written inquiries about an applicant's salary history.  The bill, authored by California Assembly Member Nora Campos, would also require private employers to provide any applicant with the pay scale for a particular position, if requested. Campos stated her interest in pushing for passage of this bill is focused in party upon closing the gender wage gap.  A similar bill that Campos supported last year ended up passing both the House and Senate before California Governor Jerry Brown vetoed it.  Hard to say if this version of the bill will meet the same fate as the previous version, but perhaps with it being a national election year, someone like Hillary Clinton would be willing to lend her support to t

It has been a very busy week traveling for work.  However, I still came across a couple good articles that I think readers will enjoy.  In particular, pay attention to the note on avoiding overly restrictive non-compete agreements.  Well worth a review. As always, below are a couple articles that caught my eye this week. Tips for Avoid Overly Restrictive Non-Compete Agreements Michael Moore (no, not that one) recently wrote a well thought out article on how employers can avoid overly restrictive non-compete agreements (that could be subject to being nullified by a court).  Of course, it is important for employer to consult any state specific laws on the topic...but Michael has some great pointers that I think employers would be wise to review. Democratic Platform Includes a $15/Hour Minimum Wage Rate The Washington Examiner has a good note on the recent backing by Democrats of a $15/hour minimum wage rate.  The platform, released late last week, favors raising the cur

Readers might remember a Fair Labor Standards Act claim brought back in 2014 by several minor leaguers who claimed they were not paid overtime nor minimum wage for their work.  Back in November of last year, the judge in the case granted conditional class certification that would potentially add to the suit any minor leaguer who had played baseball in the minors since 2011. Things had been relatively quiet on the matter until a week or so ago.  In late June, a bill was introduced in Congress that would add minor leaguers to the list of jobs exempted from the Fair Labor Standards Act.  The bill, known as the "Save America's Pastime Act", was introduced by Representatives Cheri Bustos (Democrat from Illinois) and Brett Guthrie (Republican from Kentucky).  The bill would essentially resolve the pending suit as it would place minor league players in the exempt category of workers that would not be entitled to bring a claim for FLSA wage violations. After the bill

Earlier this week, the United States Supreme Court declined to rehear Friedrichs v. California Teachers Association , a case that dealt with whether public sector unions could lawfully require all employees in the bargaining unit to pay agency fees.  Back in April, the Court deadlocked in a 4 - 4 split on the issue , which resulted in the Ninth Circuit's ruling that public sector unions could continue to require nonmembers to pay agency fees to remain in place.   I had suggested that the issue was worth a second look by the Court.  Unfortunately, that was not the case at this point.  Had the Court had a full 9 Justices, I think it is possible this case would have had a rehearing.  However, the fact that a new Justice has not been confirmed (and likely will not be for the next few months), perhaps it makes sense that the Court chose to not rehear the case at this time. With that being said, I do not think this is the last we have heard of this case (or the legality of age

As with many employment and labor law cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on. In California, AB 2337 addresses the current law which prohibits an employer with 25 (or more) employees from discriminating or retaliating against an employee that takes time off work for specified purposes that result from being the victim of domestic violence, sexual assault, or stalking.  Under this proposed bill, it would amend California Labor Code 230.1 and require employers to provide written notice of these rights to all new hires and, upon request, to current employees.  The language of the bill would further require the Labor Commissioner to develop a form that employers could use to comply with these provisions and to post it on the Commissioner's website. Stay tuned as this one works its way through the state Legislature. For a copy of California Labor Code 230.1, as currently written:  http:/

Given that it is the summer and there is an influx of teen and young adult employees in the workplace for a couple months, I wanted to lead off this post with a note about workplace rights for these workers.  As I mention, even for those readers that are not teen or young adult employees, some of these things to keep in mind are well worth a read. As always, below are a couple articles that caught my eye this week. Ten Things Every Teen & Young Adult Employee Should Remember About Workplace Rights We are well into the summer work season when high school and college age employees are in the workforce.  Donna Ballman has a great note on ten things that these workers should remember when it comes to workplace rights.  Highly relevant, even for those that are not teen or young adult employees! Court/Department of Labor Approval May Be Needed For FLSA Wage & Hour Claim Settlements Dan Schwartz over at The Connecticut Employment Law Blog has a well written note on a