The Majority Opinion: Legal Blog

The U.S. Supreme Court made its long awaited ruling in Janus v. AFSCME earlier this week.  That development needs no introduction as readers have surely heard about the Court's decision and seen the immediate implications of what that ruling could mean for labor unions.  Rather than rehash that decision just a few days later, I thought it would be appropriate to instead look at a few other right to work matters pending across the country. As always, below are a couple articles that caught my eye this week. Could Supporters of a Right to Work Bill In New Hampshire Use Janus As a Springboard? Todd Bookman wrote a brief note that highlighted a somewhat renewed sense of optimism among Republicans in New Hampshire that have thus far failed to get a right to work bill passed in the state.  Although several attempts have been made in the past few years (despite appearing to have the votes to pass a bill), New Hampshire has yet to join the growing ranks of right to work sta

As always, there are some EEOC cases that jump out at me when I review developments on that front.  Below are a couple EEOC cases and settlements that stand out. D.C. Walmart Location Alleged to Have Discriminated Against Disabled Employees The EEOC has alleged in a recent lawsuit that a D.C. Walmart location violated the Americans with Disabilities Act when two deaf employees were denied reasonable accommodations and not given communications accommodations (such as sign language interpreters).  The suit alleges that without sign language interpreters, these two employees were not able to participate in work meetings, trainings, and other work related communications. La Fiesta Fresh Mexican Grill and Cantina to Pay $25,000.00 to Settle Sexual Harassment & Retaliation Suit A Mexican restaurant in Virginia has agreed to settle a sexual harassment and retaliation lawsuit for $25,000.00 after allegations were made about how a male manager treated a young hostess.  Accor

At the end of the Supreme Court's term, the Court has issued a decision today in one of the most anticipated (and potentially far reaching) labor law cases in recent memory.  For those needing a refresher, the Court heard oral arguments in Janus v. AFSCME back in February in a case that addressed whether workers that do not join a public sector union can be forced to pay agency fees (a/k/a "fair share" fees) to cover the costs of having the union represent them during the collective bargaining process .  The law, as currently written (and challenged with this case), allowed unions to charge these agency fees even if workers did not join a union.  Needless to say, these agency fees had become a major point of contention among anti-union groups that criticized the compelled fees as a violation of the First Amendment. During oral arguments a few months ago, some Justices echoed the "talking points" previously made in regard to agency fees and seemed to sig

Readers might recall that last week, voters in the District of Columbia made headlines when they approved Initiative 77 .  With approximately 55% of voters approving the measure, tipped workers in the District were put on the fast track for a minimum wage increase from the current hourly rate of $3.33 up to $15/hour in the coming years.  While this was a relatively close vote (with 44,353 vote in favor and 36,090 against), supporters of the measure cheered it as a major milestone in the ongoing minimum wage fight across the country. However, perhaps this is a good time to pump the breaks on celebrating the vote for the time being.  Since last week, restaurant owners indicated they intended to continue the fight against the minimum wage hike for tipped workers.  After voters approved Initiative 77, it was sent to Capitol Hill for a 30 day Congressional review.  During this review period, Congress could alter or overturn the measure entirely.  As well, the District of Columbia Cou

As with many employment and labor law related bills (and cases) being litigated around the country, there are always a few that stand out. This is one to keep an eye on. Currently, the Employee Rights Act is working its way through the U.S. Congress.  This bill, H.R. 2723, would amend the National Labor Relations Act ("NLRA") and make it an unlawful labor practice for a labor organization to interfere with the rights of employees to organize and collectively bargain, require union recertification after a a turnover in the workforce (exceeding 50% of the bargaining unit), require the National Labor Relations Board ("NLRB") to give 14 days advance notice before a hearing to investigate an election petition, and also require an employer to provide the NLRB with a list comprised only of employee names and addresses of all eligible voters within 7 days after an NLRB determination of the appropriate bargaining unit or an agreement on eligible voters. Notabl

Tough to narrow things down this week, but I came across a couple articles that I wanted to highlight for readers.  Given the attention that FLSA cheerleader lawsuits have been receiving, I think it makes sense to lead off with an update on the most recent case. As always, below are a couple articles that caught my eye this week. Dallas Cowboys Cheerleader That Filed FLSA Lawsuit Further Describes Experience With Team Earlier this week, I noted a recent FLSA lawsuit filed by a former N.F.L cheerleader .  Catherine Kast at The New York Post went in depth to give more of a background on the underlying facts of the case which is well worth a read.  Two things I will point out:  1) The former cheerleader, Erika Wilkins, has stated that while she could have simply settled with the team rather than filing her lawsuit, she wanted to take a stand and set an example for others (by bringing the FLSA/Equal Pay Act issues to the forefront); and 2) In several interviews, Wilkins has desc

Yesterday, voters in Washington D.C. approved Initiative 77, a controversial ballot measure that will raise the hourly pay rate for tipped workers in the city from the present rate of $3.33/hour up to $15/hour in the coming years .  In the interim, employers will be required to make up the difference between the tipped employee minimum wage rate, $3.33/hour, and the Washington D.C. minimum wage rate, $12.50/hour, if the tipped employee does not earn at least the minimum wage rate. Opponents of the measure had long argued that if approved, it would lead to employers passing the increased labor cost onto customers (by way of service charges, higher prices for food and services, etc.), cutting work hours of its employees, and result in widespread layoffs as employers would seek to offset the rise in wages.  However, that 'campaign' to oppose Initiative 77 apparently did not pay off as the approximate 55% of voters that voted in favor the measure were unswayed by these pote

Another month, and yet another N.F.L. cheerleader lawsuit has been filed in regard to Fair Labor Standards Act ("FLSA") issues.  As readers are well aware, over the past few years, N.F.L. and N.B.A. cheerleaders have filed numerous FLSA and discrimination suits against their teams and the leagues.  For those keeping count, lawsuits have been filed against several teams including the Raiders , Bengals , Bills , Jets , Buccaneers , Raiders (again) , Bucks , Saints , and Texans .  Although some of those cases have ended up settling, others have continued on without a resolution.  As I have pointed out previously, one of the sticking points with many of these FLSA suits is a provision in the employment agreement that all disputes will be resolved via arbitration...rather than in court. With that being said, last week, a former Dallas Cowboys cheerleader filed suit against the team and alleged that the Cowboys failed to pay her minimum wage and overtime.  The cheerleader, E

A recent development out of Florida from last week was noteworthy, in so much that a Congressional candidate's campaign staff became the first campaign staff in the state to unionize.  However, as Alex Daugherty at The Miami Herald writes, that development has become overshadowed by subsequent terminations of some of the candidate's campaign staff.  I think it is appropriate to lead this post off with that topic. As always, below are a couple articles that caught my eye this week. Florida Congressional Candidate Comes Under Fire After Terminating Employees After Unionization Effort Earlier this month, David Richardson, a Democrat in Florida running for a Congressional seat, came under heavy criticism after he terminated eight employees after his campaign staff became the first political campaign in Florida to unionize.  This move was especially noteworthy as Richardson had previously stated that he would "oppose efforts that are anti-union or that weaken the a

I wrote this note a few years ago during the 2014 World Cup.  Given that today is the first day of the 2018 World Cup in Russia (and it starts in about two hours), I think it is timely to post this note again with a few additional thoughts.   We all know what time it is.  Every four years, for a couple weeks, the World Cup comes around.  With that, comes the inevitable crush of employees who now want to take time off work, whether it be vacation days or "sick" days to watch the matches.  For those employees who do come to work, many stream the matches on their computers, phones, tablets, etc. during the day.  Unsurprisingly, this leads to a decline in work production.  The question then becomes, what can be done to combat this? Some employers take a hard nosed approach and block any websites that employees could access to watch or listen to the matches, ban the use of employee phones or tablets at work, etc.  However, I have heard of some employees that

Earlier this week, the California Department of Industrial Relations announced that Cheesecake Factory was partially liable for unpaid wages due to over 500 janitorial workers that worked at eight of the restaurant’s Southern California locations.  These workers started work around midnight and were found to have routinely logged up to 10 hours of unpaid overtime work each week as they were not allowed to leave until a Cheesecake Factory kitchen manager inspected their work.  This often resulted in the janitorial staff having to stay later and continue working, off the clock.  As well, it was found that these janitors routinely worked without proper meal or rest breaks.  Consequently, this was found to be unpaid work which resulted in a wage theft claim arising. For those wondering, the janitorial staff was not directly employed by Cheesecake Factory.  However, a 2015 California law signed into law by Governor Jerry Brown stipulates that employers who utilize subcontractors for

Ban the box laws have become commonplace across the country over the past few years.  However, a frequent criticism is that these laws often are not enforced.  Well lo and behold, we have at least one Attorney General that has started to fine employers for not complying with the state's ban the box law.  Employers (especially those in Massachusetts) should take note of the below article... As always, below are a couple articles that caught my eye this week. Lowe's Aggressively Pushes Mandatory Arbitration Agreements Dave Jamieson recently wrote an article over at The Huffington Post in which he noted that Lowe's has started to require its store managers to sign mandatory arbitration agreements in order to be eligible to receive their bonuses (and even continue employment with the company).  These mandatory arbitration agreements require store managers to agree to not take Lowe's to court or join class actions against the company and instead individually tak

Recently, National Labor Relations Board Chairman John Ring sent a letter to several Senators to address ‘concerns’ they have over the expected joint employer rulemaking that the National Labor Relations Board (‘NLRB’) is set to undertake this summer. In the letter, Chairman Ring states that a majority of the NLRB is committed to engaging in rulemaking in regard to the joint employer standard.  (Of course the Chairman is likely only referring to the three Board members appointed by Republican Presidents. The other two Board members were appointed by a Democratic President).   But first, let us take a step back for a minute to get the big picture here.  Readers will recall that after Republicans gained majority control of the NLRB, the Board issued a decision in Hy-Brand which reverted the joint employer standard back to its ‘original’ form:  Employers would only be liable for the labor law violations of their contractors if the employer exerted direct control over the terms a

As with many employment and labor law related bills (and cases) being litigated around the country, there are always a few that stand out. This is one to keep an eye on, On June 19th, voters in Washington D.C. will vote on Initiative 77 which would ultimately do away with the lower 'tipped wage' (currently $3.33/hour for tipped workers) and would gradually phase in an hourly wage rate of $15/hour by 2026.  This proposal would impact tipped workers in the city such as waiters, waitresses, bartenders, etc.  Proponents of the measure argue this Initiative is necessary to limit the amount of harassment tipped workers are subjected to in order to make enough tips to supplement their $3.33/hour pay rate.  As well, it has been argued that if the measure were approved, it would limit the 'tip theft' that some employers engage in, to the detriment of their tipped employees. However, opponents of Initiative 77 have pointed out that if employers are forced to pay h

I know that some readers deal with ERISA claims and issues more often than they would like.  For others, ERISA is an area they actively avoid.  Regardless of your stance, a case pending in the Ninth Circuit that I have highlighted below is worth a review.  Given that it is somewhat interwoven with a recent U.S. Supreme Court decision from a few weeks ago, this Ninth Circuit case is worth reviewing while we await the Court's ruling. As always, below are a couple articles that caught my eye this week. Missouri Legislature Approves August Vote on Right to Work Measure Readers will recall that after a right to work bill was signed into law in Missouri, pro-union groups mobilized and collected enough signatures to place the measure on the ballot for voters to decide whether the state would remain the 28th right to work state or of the bill would be prevented from going into effect.  Recently, the Missouri Legislature approved moving a vote on the right to work bill from th