The Majority Opinion: Legal Blog

Recently, a court in Tennessee granted General Motors' ("GM") request for a restraining order against United Auto Workers ("UAW") members to prevent the members from blocking the entrance to the company's Spring Hill Assembly plant as well as detaining vehicles, creating obstructions on roadways, or "assaulting, intimidating, falsely imprisoning, harassing, or destroying the property of GM employees" and others. The order, in effect until October 8th, comes on the heels of several arrests at the plant since 46,000 UAW workers went on strike a week ago.  Following the issuance of the restraining order, GM issued a statement in which it stated that while it recognized the right of its employees to engage in lawful protests, the safety and security of the public and other GM employees was paramount.  The UAW responded in kind with a reference to its commitment to engaging in pickets to support better wages, quality affordable healthcare and job

While things have been a bit quiet in regard to paid family leave (as of late), there was a bipartisan discussion on the topic earlier this week that is worth checking out.  Whether this paid leave proposal finds enough support to make it through Congress remains to be seen; however, with initial bipartisan support it might have the legs to make it to President Donald Trump’s desk for signature. As always, below are a couple articles that caught my eye this week. FAIR Act Passes House A week ago, the House of Representatives passed the FAIR Act (also known as the Forced Arbitration Injustice Repeal Act) which would bar companies from requiring workers and consumers resolve legal disputes in private arbitration.  The legislation passed along party lines with only two Democrats voting against the bill and two Republicans supporting the bill.  The legislation now moves to the Senate where many expect it to not pass.  If by happenstance it managed to find enough support

Earlier today, the U.S. Senate confirmed Eugene Scalia as the next Labor Secretary at the Department of Labor with a 53 - 44 vote. Readers will recall that Scalia, President Donald Trump’s nominee to fill the position left vacant by Alexander Acosta, was met with resistance by Democrats and labor groups.  Many criticized Scalia for his prior work defending large employers and not advocating for the rights of the working class (according to Scalia’s critics.)  Nevertheless, Scalia’s nomination cleared the Senate Health, Education, Labor and Pension Committee earlier this week, with all Republicans on the Committee backing the nomination . While I would not call the full Senate’s confirmation vote a surprise, I am somewhat surprised how quickly the nomination made it to a final vote.  While many might have been preoccupied with the House Intelligence Committee hearing today, Scalia’s confirmation should not go unnoticed. For additional information:   https://www.google.co

This past Tuesday, the Department of Labor released the final overtime rule, which will impact over 1.3 million additional workers. Readers will recall that during President Barack Obama's time in office, the Department of Labor approved a new overtime rule that would have lifted the wage "ceiling" from $23,660.00 to $47,476.00 .  That meant that workers that earned less than $47,476.00 per year would have to be paid time and a half whenever their workweek exceeded 40 hours.  Of course, that proposed change to the overtime rule was met with much resistance ( including a lawsuit and nationwide injunction ) and was eventually shelved , much to the chagrin of employers and pro-business groups. However, even with that version of the overtime rule being shelved, there was still an appetite to amend the overtime rule.  After much discussion , the new overtime rule approved by the Department of Labor stipulates that any worker that makes less than $35,568.00 per year

Yesterday, the Senate Health, Education, Labor and Pensions Committee voted along party lines to advance President Donald Trump's nomination of Eugene Scalia for Labor Secretary . The 12 - 11 vote was met with resistance by Democrats on the Committee that have expressed concern over Scalia's position on LQBTQ and disability rights in the workplace.  With Scalia's nomination advancing to the full Senate for a final vote, it is widely expected he will become the next Labor Secretary as Republicans hold a 53 - 47 majority in the Senate.  At this time, there does not appear to be much in the way of resistance to the nomination by Republicans in the Senate.  With that being said, even if one or two Republican Senators balked at the nomination, there is some (small) margin for Scalia's nomination to lose a few votes and still result in a confirmation. I would expect that Senate Republicans will likely move quickly to hold a vote on Scalia's nomination. Fo

There has been quite a bit of action on the labor law front over the past few weeks, with the National Labor Relations Board ("NLRB") taking center stage with the issuance of several relevant decisions as well as Minnesota Democratic Senator Amy Klobuchar joining striking UAW workers on the picket line in Detroit yesterday .  Rather than writing a new update every day, I thought it was more prudent to put several of these key developments in a dedicated post. As always, below are a couple articles that caught my eye this week. NLRB Makes It Easier For Employers to Alter Labor Contracts Without Union Permission Last Tuesday, the NLRB issued a decision in which it adopted the "contract coverage" standard for determining whether a unionized employer's unilateral change in a term or condition of employment violated the National Labor Relations Act ("NLRA").  In its decision, the NLRB did away with the "clear and unmistakable waiver" sta

Earlier this month, the National Labor Relations Board ("NLRB") announced it was seeking public comment on whether the National Labor Relations Act ("NLRA") protects employees that use profane language in the work place. This request for public comment comes about following a 2017 case, General Motors LLC , that is currently before the NLRB.  In that case, the main issue centers around whether a worker who was a union official lost NLRA protection because he threatened to "shove" an item up the backside of a supervisor and spoke in "slave like vernacular."  There appear to be concerns by the NLRB that the current policy of allowing such profane language to be protected under the NLRA may be outside the scope of what is held to be acceptable workplace behavior. Now bear in mind that just because the NLRB is seeking public comment on the matter does not mean there will be a definitive change to what language remains protected under the

Last week, it was reported that based upon internal documentation from Google, dozens of workers at the company stated that when they filed complaints with the company's human resources department (in regard to harassment related matters), these employees were retaliated against by being demoted, pushed out, and given less desirable projects.  Current and former Google employees have backed this information up, claiming they are afraid to report workplace issues out of fear of retaliation. Let us take a step back, though.  Readers might recall that last year, there was widespread attention given to a walkout by employees at the company when it became known that Google had paid out over $100 million to executives at the company accused of harassment in the workplace.  Now give credit where credit is due, as Google immediately thereafter announced it would overhaul its sexual misconduct policies ( by eliminating required arbitration of sexual harassment and sexual assault cla

Last week, New York City Mayor Bill de Blasio and the City's Consumer and Worker Protection Department announced that it was suing Chipotle over the company's alleged violations of the City's Fair Workweek Law. New York City implemented the Fair Workweek Law back in November of 2017 which requires many employers in the city to provide their employees with estimates of work schedules two weeks in advance.  If changes are to be made to schedules, employers are to get consent from employees for these last minute changes. According to the lawsuit, Chipotle failed to give estimates to its workers, did not get the consent of its workers when changes were made to schedules, and failed to provide pay premiums to those workers that had schedule changes made.  Going one step further, the lawsuit also alleged that Chipotle had an illegal sick leave policy in place that violated New York City's Earned Safe and Sick Time Act (which requires employers in the city to give w

On Wednesday, President Donald Trump formally sent the Senate Eugene Scalia's nomination to head the Labor Department.  For the time being, there will be likely a fair bit of scrutiny by Democrats of the nomination.  While we could touch on that, I will save special reference to that nomination when things get closer to an actual vote. As always, below are a couple articles that caught my eye this week. In Midst of Contract Negotiations, Transport Workers Union Claims Assaults of Workers on the Rise Politico had an interesting article it published earlier this week in which it was reported that assaults on subway workers in New York City are on the rise this year, to the tune of a 39% increase.  Some have pointed out the timing of this report is no coincidence as the Transport Workers Union (which represents the subway workers) is in the middle of contract negotiations with the Metropolitan Transit Authority ("MTA".)  The MTA has argued it is stretched thin

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. H.R. 1423 (116), also known as the FAIR Act, is working its way through Congress with a vote in the House of Representatives expected next week.  For those unfamiliar with the FAIR Act, it would prohibit companies from imposing mandatory arbitration in employment and consumer disputes. It is expected that the Committee on Rules will meet at the start of next week to set the guidelines for a floor debate on the FAIR Act before a vote occurs.  As with much of the legislation working its way through Congress, I would expect this bill to clear the House.  (After all, there are over 200 co-sponsors of H.R. 1423 with all but one being a Democratic Representative.)  That would lead to the Senate being next in line to consider the legislation.  With the Senate being in majority control by Republicans, I would be

With California’s Assembly Bill 5 moving closer to becoming law with each passing day, Uber and Lyft have both been quite vocal in regard to their increased opposition to the bill. Readers might recall that the California Legislature is currently considering whether to approve the language of Assembly Bill 5 and send it to Governor Gavin Newsom for signature.  In short, Assembly Bill 5 would implement a new statewide test for determining whether gig workers such as those at Uber, Lyft, GrubHub, etc., are employees or independent contractors.  (Spoiler alert, Assembly Bill 5 would make it easier for a gig worker to be classified as an employee which would mean many of these gig companies would have to pay these newly classified employees higher wages, provide for rest breaks, potential paid time off, etc) With that being said, Uber and Lyft have both been trying to amend the language of Assembly Bill 5 to provide a carve out that would exempt certain gig workers from being cl

While we could spend time discussing former Congressman Beto O’Rourke and his Presidential campaign selling a “This Is F***** Up” shirt (in reference to O’Rourke’s comments about his perceived lack of action on stricter gun control) and the fact that the campaign proudly boasts that the shirts are union made, I think we would be better served taking a look at other labor and employment law related developments this week.  (Although O’Rourke’s decision to point out that the shirts are union made lends further credence to the notion that the Democratic candidates for President are making every effort to make inroads with big labor ahead of next year’s primaries and general election.) As always, below are a couple articles that caught my eye this week. Potential Unionization at Arizona Republic Leads to Accusations Against Union Supporters Late last week, the Executive Editor at the Arizona Republic sent staff an e-mail in which he advised they “carefully consider the conseque

Yesterday, National Labor Relations Board (“NLRB”) Chairman, John Ring, announced that he would refuse to turn over documentation requested by Democrats in regard to an ethic controversy surrounding Board Member William Emanuel. For those unfamiliar with the matter, Democrats have sought communication between the NLRB’s in house ethics officer and Board Members regarding Board Member Emanuel.  ( Controversy had arisen previously about Board Member Emanuel’s participation in a decision in which he was deemed to have a conflict of interest based upon his work prior to joining the NLRB. ) In his decision not to turn over further communication, Board Chairman Ring stated that the need for confidentiality of pre-decision communications was vital for protecting the integrity of the NLRB and its process.  At this point, there has been no word from Democrats on how they will proceed, given Ring’s refusal to turn over further communications.

If there was ever a reason to cry foul, this is it.  Last week, a lawsuit was filed against several of the largest chicken producers in the country (including Tyson Foods, Sanderson Farms, and Pilgrim’s Pride, among others), on the grounds that these companies unlawfully sought to suppress wages in the industry, specifically among immigrant workers.  Wages in the industry reportedly average around $11/hour, barely placing these workers above the poverty line. These 18 companies, which make up 90% of the chicken producers in the country, have allegedly been arranging clandestine meetings since at least 2009 in which they exchange information as to how much each company paid its line and maintenance workers.  The lawsuit alleges that detailed wage and benefits information was exchanged at these meetings so that the companies could coordinate and set wages at an even level in the the industry, without any one company paying its workers more than the others.  As well, when one compa