The Majority Opinion: Legal Blog

Mental health is a topic that many employers (and employees) try to skirt and avoid entirely.  While every situation is different and I am not here to suggest that employers and employees will tackle every single mental health issue in the workplace, I think it is important to have an open dialogue on the topic.  Following a recent World Wrestling Entertainment situation this past weekend in which an announcer, Mauro Ranallo, deleted his Twitter account and has gone radio silent following a critical tweet my a fellow co-worker, mental health has become a more common talking point in recent days.  (Ranallo has previously been open about his mental health and his struggles as a result.)  Given that this is a shorter work week for many with Thanksgiving tomorrow, now is as good of a time as any to talk about this matter. I will remind readers that for those dealing with mental health issues, it is important to talk with a trained professional.  Although the below articles provi

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. Earlier this month, Republican Senator Joni Ernst introduced the Fair Access for Individuals to Receive Leave Act (also known as the FAIR Leave Act) which proposes to modernize the Family Medical Leave Act ("FMLA") to enable married couples that work for the same employer to not be restricted in the amount of leave they can take. The FMLA allows eligible workers to take up to twelve weeks of unpaid, protected leave for specified family and medical reasons.  (Those family and medical reasons can include the birth of a child; to care for a newborn child within a year of their birth; the placement of a child for adoption or foster care; to care for the employee's spouse, child, or parent that has a serious health condition, as well as a few other narrow reasons.)   However, for married coup

Last Thursday, it was announced that a group of campaign workers of 2020 Democratic Presidential candidate Pete Buttigieg, the Mayor of South Bend, were unionizing. Buttigieg has chosen to voluntarily recognize his campaign workers' decision to unionize, rather than requiring a secret ballot election.  (This is not necessarily surprising.  If Buttigieg had chosen to not recognize the union and instead required an election, critics would be quick to paint him as anti-union...a label he can ill afford to have placed on him while he courts the labor friendly voting block, imperative to any Democrat's effort to win the 2020 Presidential nomination.) Following the announcement of some of the campaign workers unionizing, this marked the sixth Presidential campaign that has unionized so far this election cycle, coming on the heels of campaign workers for New Jersey Senator Cory Booker, Vermont Senator Bernie Sanders, Massachusetts Senator Elizabeth Warren, Representative J

Heading into the homestretch of November normally means things are slowing down a bit with hearings, trial, etc., but I have found myself traveling more over the past few weeks than normal.  While that has kept me tied up, I did take some time the past few days to read through a few articles worth pointing out to readers.  Of course, with the 2020 Presidential elections upcoming, I expect we will come across more articles on how the candidates stand on particular labor and employment law related matters.  Consider the below two articles on 2020 candidates as an appetizer. As always, below are a couple articles that caught my eye this week. The Danger of Allowing “Ok, Boomer” In the Workplace The phrase “Ok, boomer” has started to become more pronounced in recent weeks, as millennials and Gen-Z use it as a term to deride and dismiss baby boomers.   The National Law Review weighed in last week and pointed out that if the phrase is used in the workplace, there is the risk of em

Today, the U.S. House of Representatives is expected to vote on H.R. 1309, a workplace violence prevention bill for healthcare and social workers. Currently, there is no nationwide law in place that requires employers to have violence prevention protections in place for these workers.  Of note, there has been a 70% increase in intentional injuries toward nurses by their patients from 2012 to 2018.  H.R. 1309 would require the Labor Department to issue a rule that requires healthcare and social service employers to implement workplace violence prevention plans.  The legislation defines workplace violence as any act or threat of force against an employee that could result in physical injury, psychological trauma, or stress.  Of note, any instance in which a firearm or improvised weapon is used would “qualify” as workplace violence. I would expect H.R. 1309 to find enough support in the House of Representatives to pass during today’s vote.  Whether this legislation gets very f

Last Tuesday, McDonald’s was hit with a proposed class action lawsuit, alleging that the company and one of its Michigan franchises engaged in unlawful sexual harassment. In the complaint, filed in a federal court in Michigan, a former employee complained that a co-worker assaulted her, groped her, and called her names in front of other co-workers.  Complaints to management apparently did not remedy the situation.  When the sexual harassment allegedly extended beyond a year, the victim was transferred to another location but her alleged attacker remained. The lawsuit, which seeks more than $5 million in damages, seeks class action status.  Whether a class will be certified is unclear at this time, but with a growing number of sexual harassment claims having been asserted against McDonald’s as of late, it is possible this class will be certified (which would expand the scope of claimants and potential recovery.)  With that being said, the American Civil Liberties Union, Fight

Last week, Chicago Mayor Lori Lightfoot, announced her proposal for hourly workers in the city to earn $15/hour by 2021, four years sooner than the rest of the state.  However, this proposal would only see tipped workers in the city earning 60% of that. Many readers are likely wondering what the specifics are of the Mayor’s proposal.  Let us take a closer look: Chicago’s $13/hour minimum wage rate would rise to $14/hour on July 1, 2020 and then again to $15/hour in 2021.  Further wage hikes would be guaranteed and tied to the consumer price index.  However, further wage hikes would be capped at 2.5%.  Hourly workers under the age of 18 would be able to obtain a $15/hour wage more gradually, eventually reaching that wage rate by 2024.  By 2025, the city would abolish the minimum wage exemption for teen workers.  Employers with 20 or fewer employees would be given more time to raise their hourly pay rates, eventually reaching $15/hour by 2023. Employers with 4 or fewer em

Every so often I come across a jury verdict that catches my attention.  This week, a case out of a federal court in Texas piqued my interest in so much as a jury was asked to decide whether an employee was discriminated against because that employee chose to attend church rather than work...and was subsequently terminated by the employer.  Quite the intriguing read. As always, below are a couple articles that caught my eye this week. Effort to Slow Minimum Wage Hike in New Jersey Falters On Wednesday, a scheduled vote in New Jersey’s Senate Labor Committee was shelved on a bill that would have allowed for a slowdown to the state’s minimum wage hike .  The proposed legislation sought to allow for temporary suspension of scheduled minimum wage hikes in the state, depending upon whether economic conditions worsened or unemployment rates rose.  Readers might recall that a minimum wage bill had been signed into law which would gradually raise minimum wage rates from $10/hour up

Yesterday, the California Trucking Association filed suit in federal court, seeking to block implementation of Assembly Bill 5. Readers will recall that the California Legislature passed Assembly Bill 5 recently, which Governor Gavin Newsom signed into law .   As a refresher, Assembly Bill 5 codified the ABC test, created by a California Supreme Court decision .  That ABC test makes it easier for workers to be classified as employees rather than independent contractors.  (The new law is set to go into effect January 1, 2020.)  Many large scale employers in the state, including Lyft & Uber , have since gone on the offensive as they seek to be exempt from the new law. The California Trucking Association’s lawsuit claims Assembly Bill 5 runs afoul of federal law because the ABC test is preempted by constitutional clauses regarding federal supremacy and commerce.  Further, the lawsuit alleged that the ABC test conflicts with federal laws for motor carriers and transportation

Yesterday, Hawaiian Airlines flight attendants began what is expected to be a week long picket.  The picket, underway at Honolulu International Airport, is an effort to call attention to stalled contract negotiations with the airline. The flight attendants claim their pay has fallen, in comparison to flight attendants at other airlines, while cost of living and medical expenses continue to rise.  ( Readers might recall a contract dispute earlier this year between Frontier Airlines and its flight attendants which involved a similar dispute .)  The Association of Flight Attendants-CWA have argued that the airline has only offered a minimal increase in pay while seeking to scale back 401(k) benefits and healthcare premiums.  Hawaiian Airlines has noted that it has apparently reached an agreement on several matters with the union, while continuing to work on the remaining matters still yet to be negotiated. As of now, the flight attendants are considering whether to vote to aut

While this week’s election might have caught the attention of some readers, I suspect that in the run up to the 2020 election next year, we will come across quite a few more relevant topics to cover here. With that being said, there are rumblings out of Virginia that Democrats in the state are already planning to repeal the state’s right to work law.  As the below article points out, with Democrats having gained majority control of the Legislature after Tuesday’s election, that topic will be something to keep an eye on in the coming weeks and months. As always, below are a couple articles that caught my eye this week. Minimum Wage Rates: Think Global, Act Local? Nelson Schwartz at The New York Times wrote an article this past Sunday in which he pointed out that while the fight to increase the hourly minimum wage rate across the board in the U.S. has (and continues to remain) a partisan quagmire, there is some reason for a sense of optimism among minimum wage advocates.  

At the start of the month, the National Labor Relations Board (“NLRB”) announced that it had extended the time period for public comment on whether profane or offensive language in the workplace is protected under the National Labor Relations Act (“NLRA”.) For those needing a refresher, General Motors LLC is a case currently before the NLRB .  That case centers around whether a worker who was a union official lost NLRA protection when he threatened to “shove” an item up the backside of a supervisor and spoke in “slave like vernacular.”  Currently, such conduct is protected under the NLRA, but the NLRB is grappling with the question of whether this conduct is in fact outside the scope of what is acceptable (and protected) workplace behavior. As of this writing, the NLRB announced it would continue to accept briefs on the topic up until November 12th.  For those that feel strongly on the matter, get writing.  That clock is ticking. For additional information:   https://ww

Sims v. Met Council - United States District Court, District of Minnesota Facts :  Stephanie Sims ("Sims") worked as a bus driver for Metro Transit from September 2013 until July 2017.  One work day in January of 2017, Sims walked into a drivers' lounge at one of the bus garages.  A show, Luke Cage , was playing on the television and Sims observed nudity on the screen.  After apparently arguing with her co-workers about the show, the television was turned off.  Sims claimed that after leaving the lounge and returning later, the show was back on the television.  After Sims again complained, the television was turned off.  (The record established that there were two scenes with nudity, each lasting less than a minute.) Sims also claimed that when she arrived to work on the day she saw the television show on in the lounge, she heard two co-workers conversing and using sexually explicit language.  However, Sims did not claim the conversation was about her nor that

Last week, Uber, Lyft, and DoorDash launched a campaign in which these gig companies are attempting to put a referendum on the 2020 ballot in California which will provide them with an exemption from Assembly Bill 5 ( previously signed into law earlier this year by Governor Gavin Newsom. ) For those needing a refresher, Assembly Bill 5 codifies the ABC test to determine whether a worker is an independent contractor or an employee .  Generally speaking, this ABC test makes it easier for workers to be classified as employees...and therefore entitled to protections of the Fair Labor Standards Act, the ability to unionize, obtain overtime, paid time off, etc.  Needless to say, gig companies that classify their workers as independent contractors have viewed Assembly Bill 5 as problematic.  Since the passage of Assembly Bill 5, there has been much speculation that these gig companies would try and find a way to carve out an exemption.  (When talks to have this exemption included

For those coming off a sugar high after tearing into Halloween candy last night (and maybe even into this morning too), my sympathies are with you.  To help take the edge off, I have highlighted a few articles of relevance this week.  While there is somewhat of a labor heavy tilt to this week's articles, the below are well worth a read. As always, below are a couple articles that caught my eye this week. Joe Biden Releases Labor Friendly Proposals A week ago, Joe Biden announced several aggressive proposals that would greatly benefit labor unions and their supporters.  Of note, Biden has advocated for allowing card check elections to occur (which is an informal process in which authorization forms are collected from a majority of a bargaining unit, rather than conducting the "traditional" secret ballot election), creating a "cabinet level working group" comprised of labor representatives to increase union density, holding corporate executives personal