Skip to main content

What I’ve Been Reading This Week

 

It is funny how a last minute jury trial setting can tie you up over the course of the week or two before the trial setting.  With courts in Texas starting to hold in person jury trials after a nearly 15 month respite, that has led to more cases being called to trial.  As a result, much/most of my time the past few weeks has been spent prepping for trial, preparing for voir dire & direct/cross examination, drafting my motion in limine, and all the other work that goes into jury trials.  While I would like to have had more time to read through articles, this week was noticeably light given trial prep.

As always, below are a couple articles that caught my eye this week.


Lawsuit By Methodist Hospital Workers Against Mandatory Vaccinations Tossed

I suppose this should not necessarily be a surprise, but lawsuits have started to pop up over requirements by employers that workers be vaccinated...or risk termination.  (The EEOC had previously stated that employers can mandate emloyees be vaccinated, with a few exceptions.)  A recent case in Texas saw over 100 workers at the Methodist Hospital file a lawsuit against their employer for wrongful termination after they were terminated for failure to take the vaccine.  Methodist has a policy in place that workers are required to be vaccinated or risk termination.  In a short opinion dismissing the lawsuit, U.S. District Judge Lynn Hughes wrote that the workers could choose to take the vaccine or simply find a new job.  As Judge Hughes noted, Methodist Hospital is in the business of saving lives and requiring its employees be vaccinated was in furtherance of that policy.  It is likely we have not heard the last of this (or related) cases.

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...

New Jersey Governor Chris Christie Vetoes Minimum Wage Hike

A few months ago, readers might remember that I pointed out that the New Jersey Legislature had voted to approve a minimum wage hike in the state .  Under the approved legislation, the minimum wage rate would rise to $10.10/hour in the next year and at least $15/hour over the next five.  (The current minimum wage rate in the state is $8.38/hour).  In that article, I had noted that the bill was then going to go before Governor Chris Christie for his approval or veto. As I had suggested previously, I thought that the Governor would likely veto the bill based upon his prior actions and comments on similar legislation.  Well, a few days ago, Governor Christie did just that and vetoed the bill on the grounds that it "would trigger an escalation of wages that will make doing business in New Jersey unfathomable."  Pointing to the increase in hourly minimum wage rates, the Governor referred to the bill as a "really radical increase."  (It is interesting to c...