The Majority Opinion: Legal Blog

Zetwick v. County of Yolo - Ninth Circuit Court of Appeals Facts :  Victoria Zetwick ("Zetwick") worked as a corrections officer in Yolo County Sheriff's Department.  During her tenure there, she claimed that Edward Prieto ("Prieto"), the county sheriff, created a hostile work environment by giving her numerous unwelcomed hugs (on at least 100 occasions) and an unwanted kiss at least once.  Zetwick brought a hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act against both Prieto and the County of Yolo.  The defendants argued that any complained of conduct was no objectively severe or pervasive or enough to establish a hostile work environment (and instead was merely innocuous and socially acceptable conduct).  The district court granted the defendants' motion for summary judgment on the grounds that Zetwick could not establish a valid hostile work environment claim.  Ba

A few days ago, I was talking to a regular reader of the blog about some controversial comments that were made by a Utah Republican official in regard to equal pay.  I was going to lead this post with that article but thought a more light hearted note about puppy parental leave would be a good change of pace.  To say puppy parental leave is somewhat of a ground breaking concept would be an understatement. As always, below are a couple articles that caught my eye this week. Scottish Brewer Introduces Puppy Paternity Leave I have heard of parental leave.  I have heard of maternity leave.  But 'puppy' paternity leave is a new one.  With that being said, this is a great article on a Scottish brewer that is opening a location in Ohio and has decided to offer its employees a week of leave to take care of a new puppy.  As the article notes, this leave policy is apparently the first in the industry (or any industry that I can recall).  Not a bad perk to work for this brewe

As with many employment & 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. Late last week, it was announced that Senate Bill 13 would go before the full Texas Senate for further debate.  The bill, which would bar voluntary payroll deductions of union dues from state employee paychecks, cleared the Senate Affairs Committee by a 6 - 2 vote.   Perhaps unsurprisingly, labor groups oppose this bill as an attack on unions which would lower membership to union organizations.  The president of the Amarillo Association of Texas Professional Educators has argued that allowing automatic payroll deductions are an easy way for members of a union to pay their dues.  Given that Republicans control the Texas Legislature, it might be assumed that this bill would sail through.  However, that is not necessarily the case.  A similar bill failed to pass the last legislative session (when Republic

Bagwell v. Morgan County Commission - Eleventh Circuit Court of Appeals Facts :  Katrina Bagwell ("Bagwell") was hired to work as a groundskeeper at West Park, a community recreational facility.  The job description set forth a long list of manual and other related functions, including landscaping, sweeping, picking up trash, cleaning pavilions, preparing athletic fields, installing irrigation systems, painting, plumbing, housekeeping, and other similar functions.  The job description also stated that the position entailed "very heavy work demands".   However, Bagwell suffered from an injury when her right kneecap was crushed in eight places and she suffered a broken femur from a motorcycle accident.  After she tried to return from FMLA leave, a county commissioner noted she walked with a limp and said Bagwell would have to be cleared by a county doctor before returning to work.  After an evaluation, it was concluded that Bagwell could not walk or stand m

What a week this has been.  In between the decision of Andy Puzder to withdraw as the nominee for Labor Secretary to the quick announcement of Alexander Acosta as the new nominee yesterday, this has been a fast moving story.  As things progress on that front, I think it is appropriate to lead off with an article on the new nominee. As always below are a couple articles that caught my eye this week. AFL-CIO Suggests that Acosta Could Face a More Favorable Confirmation Process Than Puzder Nikita Vladimirov at The Hill wrote an article on Wednesday about comments made by the American Federation of Labor and Congress of Industrial Organizations ("AFL-CIO") in which the group praised President Trump's nomination of Alexander Acosta for Labor Secretary.  While the AFL-CIO had been critics of the prior nominee, Andy Puzder, it appears that the group is offering its tentative support to the nominee.  As I had noted earlier this week, Acosta appears to be a much

That did not take long, did it?   Less than twenty four hours after Andy Puzder withdrew as President Donald Trump's nominee for Labor Secretary , President Trump announced earlier today that he has chosen Alexander Acosta as his new nominee for the position. For those unfamiliar with Acosta, he brings a great deal of experience to the table.  He is currently the Dean of the Florida International University College of Law.  However, he has also served as a law clerk to Judge Sam Alito (currently a member of the United States Supreme Court) back when Judge Alito was on the Third Circuit Court of Appeals (1994 - 1995), as a member of the National Labor Relations Board (2002 - 2003), and as an Assistant Attorney General for the Civil Rights Division under President George W. Bush (2003). For those looking for a nominee with a 'pro-employer' track record such as Puzder, this pick might be a bit of a disappointment.  On the other hand, for those looking for a nominee

Well this has certainly been a day where the news has come quickly and the situation has seemingly changed by the hour.   As a follow up to my post earlier today , President Donald Trump's nominee for Labor Secretary, Andy Puzder, has formally withdrawn as nominee for the position.  He tweeted a message confirming his withdrawal half an hour ago. Given how tenuous things had become over the past few days, and especially since a handful of Republicans indicated they were withholding support from Puzder's nomination, perhaps this news should not come as much of a surprise.  If anything though, I think it is curious to see how support for Puzder appeared to have eroded so quickly, given that every other of President Trump's nominees for other cabinet positions (in which Democrats had fought against) were able to get confirmed.   For those readers wondering what ultimately did Puzder's nomination in, it is hard to say. However, readers might recall his prior com

Note, as of the time of this post, the below information is what is known in regard to Andy Puzder's nomination for Labor Secretary  This story will likely change within the next few hours. Tomorrow is scheduled to be the day President Donald Trump's nominee for Labor Secretary, Andy Puzder, has his confirmation hearing before a Senate committee.  However, as of this writing, serious concern had arisen over the viability of the nomination after details emerged about a tape from the Oprah Winfrey show in which Puzder's ex-wife alleged domestic abuse occurred during their marriage.  Even though Puzder's ex-wife has recanted this prior allegation, it has drawn additional unwanted attention to the nomination.   Word leaked earlier this morning that there are already several firm 'no' votes among Republican Senators in regard to Puzder's nomination.  In fact, there are apparently enough 'no' votes to sink the nomination entirely.  As a result,

Stop me if you have heard this one before:  Cheerleaders file a lawsuit against their employer (the team and/or league) on the grounds that they are being improperly paid low wages in violation of the Fair Labor Standards Act.  (For those who might recall, cheerleader wage & hour lawsuits have been quite common in recent years:  Oakland Raiders (1) ; Oakland Raiders (2) ; Cincinnati Bengals ; Buffalo Bills ; New York Jets ; Tampa Bay Bucs ; Milwaukee Bucks ). On January 31, a proposed class action lawsuit (brought by a "Jane Doe" on behalf of herself and all others similarly situated) was filed in federal court in San Francisco by four cheerleaders from two different teams (the San Francisco 49ers and the Oakland Raiders) with damages being sought between $100 and $300 million.  Although these cheerleaders come from only the two teams, the lawsuit names all 26 teams which have cheerleaders as well as the league itself.  The lawsuit follows the lead of the prior che

President Trump has been all over the news as of late.  Well, actually he has been in the news pretty much non-stop since he announced his candidacy back in June 2015.  With that being said, I came across a great article on his close relationship with building-trades unions and how it is conceivable that he could be the first Republican of note to effectively pull this traditionally Democratic group into the Republican column.  Time will tell, but this article deserves to lead things off this week. As always, below are a couple articles that caught my eye this week. Could Donald Trump Manage to Pry Unions Away from Democrats? Rich Yeselson has a thought provoking note about how President Trump could manage to woo a significant portion of unions away from Democrats and flip them over to the Republican side.  Of particular note, Yeselson points out that although Trump made a show of meeting with labor union leaders and members on his first full day in the Oval Office, Monday J

In late January, it was announced that a settlement had been reached in a suit, Moore v. Johnson , brought by current and former African-American Secret Service agents who alleged race discrimination by the government for failure to promote these agents from 1995 to 2005.  The agents claimed that the Secret Service engaged in a pattern or practice of racial discrimination in making promotions and that the Merit Promotion Plan had a disparate impact against African-American agents. Under the settlement, the government would pay $24 million which include attorney's fees, costs, and expenses.  According to the settlement, no plaintiff or member of the class would receive more than $300,000.00.  The agreement also provides for nonmonetary relief aimed at revising the selection process for promotions (which could put in place practices and procedures that would eliminate any potential bias). At this time, the Court must still approve the settlement, although there is no timet

For those who have not been following the developments in the Department of Labor as of late, let me take a few minutes to give you an overview of what is going on. President Trump nominated CKE CEO Andy Puzder to the position of Labor Secretary.  (The Labor Secretary is a part of the President's cabinet and as head of the Department of Labor, is entrusted with exercising control over the department, enforces and advises on laws that impact unions, the workplace, and other matters that involve the employer-employee dynamic).  Puzder lacks the 'typical' prior experience in government that many former Labor Secretaries have had.  Instead, Puzder boasts a lengthy track record in the private sector (CKE is the owner of companies such as Carl's Jr. & Hardee's).  While the prior Labor Secretary, Tom Perez, had championed the new overtime regulations and pushed for higher minimum wage rates, Puzder has made prior comments against increased minimum wage rates and i

'Ban the box' developments have been rather light as of late.  While some cities or counties have taken steps to approve these bills, nothing major has jumped out.  However, I recently came across an article that looks at the possibility of Michigan passing a statewide 'ban the box' bill.  If accomplished, this would be a major development (and possibly spur other states to follow suit).  Needless to say, I think it is appropriate to lead off with that article. As always, below are a couple articles that caught my eye this week. Is Michigan On Deck For Passing a "Ban the Box" Bill? Lindsay Vanhulle over at Crain's has an in depth article on the possibility that Michigan could pass a "ban the box" bill sooner rather than later.  Lindsay points out that while Michigan Governor Rick Snyder has indicated he will consider a "ban the box" bill, there appears to be broad support for this legislation.  Time will tell if Michigan ca

Earlier today, House Republicans introduced a bill that would institute right to work in cities and states across the country.  Readers might recall that several states have been proactive about passing right to work legislation over the past few months (such as West Virginia , Kentucky , Missouri , and New Hampshire ...to name a few), but a national right to work bill would have a much larger impact. The bill, sponsored by Representatives Joe Wilson (South Carolina) and Steve King (Iowa), would amend the National Labor Relations Act and the Railway Labor Act and prohibit provisions in employment agreements that would require all employees to join a union (or pay union dues) as a condition of employment.  Although a similar bill filed in the 114th Legislative Session failed to gain traction, this bill * might * prove differently.  In this Legislative Session, Republicans control both houses of Congress and have a Republican President who has indicated his support for right to wo