The Majority Opinion: Legal Blog

Here we are, late in the day on the 31st as I put the finishing touches on this post.  As with any final post for the year, I wanted to note a few key developments over the past twelve months before we get to a few of the articles I wanted to highlight this week. There were some noteworthy developments at the local level, including Washington D.C. banning non-compete agreements , the West Hollywood City Council approving a premium pay ordinance for large grocery store employees , and  Orange County (Florida) enacting a ban the box measure . Granted, at the statewide level, there were also a few key topics that came about over the past year, including Arizona amending the Arizona Civil Rights Act to provide workplace protections for pregnant workers in the state , Illinois adding a new section to the Illinois Human Rights Act that makes it a civil rights violation for an employer to use an individual’s criminal record in any employment decision unless one of two narrow exceptions are me

  As always, there are some EEOC cases that jump out at me when I review developments on that front.  Below are some EEOC cases and settlements that caught my eye this month.  Corning Alleged to Have Discriminated Against Female Process Assistants Recently, the EEOC filed suit against Corning, a technology company, on the grounds that the company sexually discriminated against female process assistants compared to their male counterparts.  The lawsuit alleges that Corning “grooms” male workers for advancement, provided them with training opportunities, and modifying rules for promotions, compared to similarly or more qualified women.  This alleged conduct is in violation of federal law which prohibits discrimination on the basis of sex. Davis Autogroup to Settle Age Discrimination Claim For $390,000 An age discrimination lawsuit that was filed against Davis Autogroup has been settled with the company agreeing to pay $390,000.00 to resolve the claim.  According to the lawsuit, the compa

Earlier this month, the Portland City Council approved a $19.50/hour hazard pay minimum wage rate set to take effect January 1, 2022. As many readers might recall, the Omicron variant is rapidly spreading across the country.  Naturally, that has led to a rise in positive coronavirus cases being reported which has exacerbated an already stressed electorate and hourly workforce.  While some employers have provided an increased pay rate during the pandemic, Portland is going one step further by requiring employers in the city provide this hazard pay rate at the start of the new year. Notably, this hazard pay rate will go into effect given the declared emergency order issued by the City Council.  If/when the Omicron variant subsides, it is possible the City Council will declare the emergency order is no longer in effect which could impact this $19.50/hour hazard pay rate.  However, until that happens, employees on Portland should expect to benefit from this increased pay rate. For addition

I will keep this post short as many readers are likely en route to someplace for Christmas (or are knee deep in gift wrapping.)  So while I could go on and on with a bit of a preamble here, I will just cut to the chase. As always, below are a couple articles that caught my eye this week. Illinois Hourly Minimum Wage Rate Rises to $12/Hour in January For those unaware, there is a recurring minimum wage hike in Illinois after Governor J.B. Pritzker signed legislation into law in 2019 to raise the state’s hourly minimum wage rate to $15/hour by 2025.   The current hourly wage rate of $10/hour will increase to $12/hour on January 1st.  For those employers in the state that have not made plans to account for this increase in labor costs…now is as good of a time as any to do so. San Francisco Moves One Step Closer to Approving Paid Sick Leave For Nannies & Gardeners Earlier this month, the San Francisco Board of Supervisors unanimously approved a proposal that would provide paid sick lea

Late breaking news in the latter part of the day has started to become somewhat routine as of late, no? Earlier this evening, the U.S. Supreme Court announced it will hear arguments on January 7th in regard to President Joe Biden’s test or vaccine mandate for large scale employers as well as a challenge to a vaccine mandate for healthcare workers. Readers recall that there have been ongoing challenges to these mandates in recent weeks.  Of course, while there had been stays previously issued, these mandates are currently in place much to the confusion of employers and employees alike.  After all, these mandates had been issued, then stayed, and then put back in place.  (For healthcare workers, a stay still exists though for any healthcare worker at any facility that receives Medicare or Medicaid funds.)  Needless to say this has left many confused as to what is/is not required. With that being said, it will be interesting to see how these arguments play out before the Supreme Court nex

Hobby Lobby recently announced that beginning January 1st, it would raise hourly pay rates for its employees from $17/hour up to $18.50/hour. The company is going one step further by also continuing to offer medical, dental, and prescription insurance, a 401(k), flexible scheduling, life insurance, paid time off, and an employee discount.  To call this wage hike by Hobby Lobby noteworthy is probably an understatement.  Nevertheless, readers will likely recall that with a tight labor market and big box retailers fighting amongst themselves for a small pool of available workers, this wage hike by Hobby Lobby sets the company apart from a lot of other employers.  While we have seen some employers offer to pay for tuition expenses of employees as a way to draw in (and retain) workers, Hobby Lobby’s generous compensation package along with this new wage hike certainly distinguishes the company. Of course, this inevitably makes me wonder what another big box retailer is going to offer now to

Late last week, Boeing announced that it was dropping its coronavirus vaccine mandate for its employees, citing a recent federal court opinion that stayed President Joe Biden’s vaccine mandate for federal contractors . This news from Boeing is somewhat surprising.  From reports, Boeing’s vaccine mandate was never overly popular in some circles.  In fact, nearly 9% of the company’s employees had applied for an exemption from the mandate.  However, Boeing had indicated it was carrying on with the mandate and there were no outside appearances that the mandate would be scrapped. Perhaps it took other employers, such as Amtrak , announcing it was scrapping its own vaccine mandate for employees for Boeing to follow suit.  Regardless, I think there will likely be other employers that follow Boeing’s lead and scrap their own vaccine mandates. For additional information:   https://www.seattletimes.com/business/boeing-aerospace/boeing-drops-vaccine-mandate-for-u-s-employees/

Talk about late breaking news for a Friday:  A three judge panel from the Sixth Circuit Court of Appeals lifted a temporary stay that had previously been in place that prevented a test or vaccine mandate for employers with at least 100 employees from being enforced . Readers will recall that the President Joe Biden instructed the Occupational Safety and Health Administration to issue a mandate that required every large scale private employer have each of its employees either get the coronavirus vaccine or submit to weekly testing.  However, after lawsuits were filed to contest this mandate, the Sixth Circuit eventually got the consolidated cases and issued a temporary stay in November that kept this mandate from going into effect.  However, the three judge panel’s decision today noted that the alleged injuries claimed by the claimants was “entirely speculative” and the costs of delaying implementing the mandate were high.  (Not to mention the Court gave a nod to the Omicron variant and

As we head into the end of the year, I have tried to carve out some additional time to read through articles as things have slowed down a bit in the office.  This week, I wanted to lead things off with an update at Kroger after they made a change this week to paid time off for unvaccinated workers as well as health insurance coverage costs for these unvaccinated workers.  That article, and the ones that follow, are worth a read. As always, below are a couple articles that caught my eye this week. Kroger Amends Coronavirus Paid Leave/Insurance Policies For Workers Earlier this week, Kroger announced that it was amending its paid leave policy for unvaccinated workers that contract the coronavirus.  The company had previously provided these workers with two weeks of paid leave if they got the coronavirus.  Staring January 1, that two weeks of paid leave will no longer be offered to these workers.  Kroger also announced that for any unvaccinated salaried employees, they will be assessed an

Readers might recall that several Buffalo area Starbucks locations sought to unionize recently with at least one of the locations deciding to unionize after ballots were counted .  (It is worth noting that a second store voted against unionization while the results at the third are still up in the air pending challenges.) That inevitably led many to wonder if other Starbucks locations would follow the lead and seek to unionize as well.  (Of course, workers at a Starbucks in Mesa, Arizona are currently attempting to unionize .)  It turns out we did not have to wait long.  On Monday, baristas at two Boston area Starbucks locations announced that they had filed for union elections at their locations.  As of this writing, the date of those elections is not yet certain. However, readers might recall that the successfully unionization of at least one Starbucks location in Buffalo was noteworthy as being the first corporate owned store to unionize in the company’s history.  As with many devel

Earlier this afternoon, Amtrak announced that it would temporarily halt its requirement that employees get the coronavirus vaccine as a condition of employment. Prior to today’s announcement, Amtrak had required all employees to either receive the coronavirus vaccine or have a valid accommodation request granted.  According to the company, approximately 95.7% of the company’s employees are either fully vaccinated or have an accommodation.  However, the company cited a recent district court injunction that halted the enforcement of President Joe Biden’s vaccine mandate for employees of federal contractors as grounds for Amtrak’s decision to reevaluate its policy about the vaccine. Now today’s announcement is not necessarily a complete 180 on the matter.  For the time being, while Amtrak will not require its employees be vaccinated as a condition of employment, they will still be encouraged to do so.  For those employees that do not have the coronavirus vaccine, those employees will be

Last week, a New York City Judge issued an injunction to halt the implementation of a coronavirus vaccine mandate that would have required all New York City municipal workers to be vaccinated or risk losing their jobs. For many New York City municipal workers, they objected to this mandate and sought to have it halted.  Last week’s ruling did just that.  However, that ruling is not “final” as a hearing is expected to be held today on whether to extend the injunction or end it. Note, this injunction and today’s hearing only applies to the requirement that all New York City municipal workers be vaccinated, not the recent mandate that all New York City private employees be vaccinated.  However, I would expect to see legal challenges mounted against that mandate as well. For additional information:   https://abc7ny.com/amp/nyc-vaccine-mandate-municipal-workers-temporary-restraining-order-new-york-city/11309790/

As with many labor & employment 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. On November 15th, the U.S. Supreme Court granted a petition for writ of certiorari in a case in which the Court will determine whether litigation of an employment dispute in court prevents the claim from proceeding to arbitration afterward. (For those unfamiliar with the Supreme Court, the Court traditionally receives over 10,000 petitions for writ of certiorari every term.  A petition for writ of certiorari is the formal request of a party seeking to appeal a ruling from a lower court, such as a court of appeals.  The Supreme Court decides to grant very few petitions, often only selecting 100 petitions or fewer each term.) In this particular case, Morgan v. Sundance , an employee sued her employer on the grounds that she and other employees were owed overtime.  Despite the employees having signed an agreement to ar

It has been a while since there has been a relevant right to work update.  This week, a development out of Tennessee is worth noting.  How things will play out remains to be seen.  However, if I were a betting man, I would wager that state’s right to work law will eventually be enshrined in the Tennessee Constitution.  Will it happen this go around?  Stay tuned.  As always, below are a couple articles that caught my eye this week. Tennessee Governor Backs Placing Right to Work Law in Tennessee Constitution Recently, Tennessee Governor Bill Lee announced he was leading the “Yes on 1” committee which is seeking to get a ballot initiative before voters next year that would enshrine the state’s right to work law into the Tennessee Constitution.  While Tennessee is already a right to work state, a change in the political makeup in the state could see that right to work law rescinded.  Placing it in the Tennessee Constitution would “protect” it a bit more by making it more permanent and toug

Hold onto your horses readers.  For the third night in a row, we have late breaking news. Just a few minutes ago, it was announced that results are in on the three union elections that have been underway at three different Buffalo area Starbucks .  The results:  Baristas voted to unionize at one location, voted not to unionize at a second, and results at the third location are not yet conclusive. So that begs the question…who is going to declare victory?  For starters, Starbucks will likely claim victory that unionization efforts were defeated at one location (and possibly a second.)  I would suspect they use that to show that most employees do not see the need for unionization as the company would claim they already treat their workers fairly and pay them competitive wages. However, that is somewhat of a hollow victory.  The unionization of at least one Buffalo area Starbucks marks the first successful unionization at a company owned location.  While both sides are asserting challenge

As readers might recall, there has been an ongoing unionization effort at several Buffalo area Starbucks recently .  This push to unionize several locations is notable in so much as Starbucks has been relatively successful beating back unionization efforts previously. However, organized labor supporters are hopeful, if not confident, that this time the tide will turn.  Ballots were previously mailed a few weeks ago to qualified workers to vote in the election.  Those ballots are expected to be counted by the National Labor Relations Board (“NLRB”) today.  Of course, it is not clear when an announcement will be made on the outcome of the election but it is possible results could be announced this afternoon.  Regardless of the outcome of the election, I would expect to see challenges asserted (namely by whoever “loses” the election”) to the results with efforts made to secure a new election. As we have seen with the Amazon vote in Alabama, (forcefully) defeating unionization efforts does

Here we are, yet again, with another late breaking development in the evening.  At this rate, breaking news is becoming a pattern, at least two days in a row. Earlier this evening, the U.S. Senate voted 52 - 48 to repeal President Joe Biden’s coronavirus vaccine mandate for large scale employers (those with at least 100 employees.)  As readers might recall, Democrats have a slim majority control of the Senate.  While the Senate is split 50 - 50, Vice President Kamala Harris serves as the tie breaking vote. Therefore, as readers might have guessed by this point, two Democratic Senators joined with Republicans and voted to repeal the mandate.  Those two Senators?  Joe Manchin from West Virginia and Jon Tester from Montana.  Now for those who live and breath these coronavirus vaccine mandates, I caution you that tonight’s vote likely does not mean much in the long run.  Even though the Senate voted to repeal this mandate, the House would still need to approve the legislation (which likely

Earlier this year, a union election was held at an Amazon warehouse in Bessemer, Alabama .  That election was heavily contested by Amazon as the company sought to keep the plant workers from unionizing.   As readers might recall, the election did not work out well for those hoping to unionize the Amazon warehouse .   After the election results were announced, a challenge was launched by the Retail, Wholesale and Department Store Union (which sought to unionize the warehouse) claiming the election results were tainted as Amazon improperly pressured workers to vote against unionizing by “gaslighting” workers through “egregious and blatantly illegal action.”  One major point of contention was Amazon’s decision to install a mail receptacle on the job premises to allow the workers to submit their ballots.  (After all, this was a mail in election rather than in person.)  In August, a hearing officer for the National Labor Relations Board (“NLRB”) found that Amazon violated federal labor law

Here it is nearly 10 PM on a Tuesday evening and we have breaking news after a federal judge in Georgia issued an injunction that halts the implementation of the vaccine mandate for federal contractors issued a few months ago by President Joe Biden. Readers will recall that following President Biden issuing an executive order requiring all employees of federal contractors to be vaccinated, there was some pushback among business groups.  Even after a few injunctions were recently issued that halted those mandates from taking effect in certain states, there was nothing in place nationwide.   However, today’s ruling changes that.  In the order, the Judge notes that President Biden might have exceeded his executive authority when he issued the mandate.  As a result of this injunction, the mandate will not take effect on January 4th as previously anticipated. To call this a setback for the Biden administration is an understatement.  Perhaps even a massive understatement.  However, I cation

Yesterday, New York City Mayor Bill De Blasio announced a coronavirus vaccine mandate for all private employers in the city that will go into effect December 27th. Readers might recall that New York City already has a coronavirus vaccine mandate in place for city workers but for the most part, private employers had not been required to have vaccine requirements for their workers.  With this mandate, the first in the nation, there are still a few questions surrounding it (such as how it will be enforced).  However, one notable part of the mandate is the fact that there will not be a testing option in lieu of a vaccine.   At this time, more details about the mandate are expected to be released on the 15th.  For employers and employees alike in New York City, this is a developing story that I would strongly suggest you follow in the weeks ahead. For additional information:   https://www.nytimes.com/2021/12/06/nyregion/nyc-vaccine-mandate-deblasio.html

Last Monday, U.S. Supreme Court Justice Stephen Breyer denied a request from a group of Massachusetts health care workers that sought to challenge a coronavirus vaccine requirement on the grounds that the vaccine requirement violated their religious freedom or would present a risk to their health. The dispute centered around a hospital requiring its workers be vaccinated and those that refused were placed on unpaid leave or terminated.  While these workers could seek a religious or medical exemption from their employer, the workers that brought suit had their exemption requests denied.  They subsequently claimed the denial of their exemption requests violated federal law prohibiting discrimination.  As a result, an emergency stay was filed by these workers. Now bear in mind that the denial by Justice Breyer of the requested stay is not necessarily a ruling on the merits.  Instead, this is Justice Breyer (who is the Justice charged with considering appeals to the Supreme Court from this

What a week, am I right?   In between a lockout in Major League Baseball yesterday, a new coronavirus variant, and West Virginia Democratic Senator Joe Manchin announcing he is cosponsoring a bill to end vaccine mandates for private employers, there was a lot to review.  With that being said, I refer readers to the below articles which are worth a read. As always, below are a couple articles that caught my eye this week. $15/Hour Minimum Wage Rate in Florida? Yes, But Maybe Not For All Workers Readers might recall that last year, voters in Florida approved a ballot measure that will raise the hourly minimum wage rate in the state to $15/hour by 2026 .  However, at least one Florida Legislator is seeking to curtail the reach of that wage hike.  Legislator Jeff Brandes wants to amend the wage hike to prevent workers under the age of 21 and low skilled workers to earn less.  Now just because the Florida Legislature might approve the proposal from Brandes does not make it law.  Rather, it

On Tuesday, a Federal Judge in Kentucky issued a preliminary injunction blocking the enforcement of the federal contractor vaccine mandate that had previously been issued by the President Joe Biden administration. In Tuesday’s opinion, the Judge noted that the case was not about whether vaccines are effective or whether a government, in certain instances, can require citizens to get vaccines.  Rather, the Judge stated that he did not believe the Biden administration had the authority to impose a vaccine mandate on the employees of federal contractors.  Consequently, the injunction was issued to halt enforcement of this mandate for federal contractors in Kentucky, Ohio, and Tennessee. This is of course another rebuke of the recent vaccine mandates issued by the Biden administration (or ordered by the Biden administration via the Labor Department) by courts.   Following the Fifth Circuit’s injunction (and the cases being consolidated into the Sixth Circuit ) to block enforcement of vacc

Last month, the Tempe City Council unanimously approved adding the CROWN Act to its anti-discrimination ordinance currently in place.  (That ordinance, in place since 2014, prohibits discrimination against workers on the basis of race, religion, or sexual orientation.) For those unfamiliar, the CROWN Act (or Create a Respectful and Open World for Natural Hair Act) is a somewhat common piece of legislation that has been adopted across the country by some cities, counties, and states.  In fact, there has been an ongoing push to get Congress to pass a nationwide version of the CROWN Act, although those efforts are still ongoing.  In relevant part, the CROWN Act prohibits workplace discrimination based on the natural hair or hairstyles of a worker. With the approval of the CROWN Act in Tempe, the city now joins Tucson as the second city in Arizona to have approved this legislation.  I would suspect that other cities in the state will follow suit, perhaps with Flagstaff being next. For addi

As always, there are some EEOC cases that jump out at me when I review developments on that front.  In fact, by my count, it has been about a year since I last highlighted some recent EEOC cases.  I suppose twelve months later is as good of a time as any to do another EEOC Roundup.  Below are a couple EEOC cases and settlements that caught my eye this week.  Former Owner of VHS West Suburban Medical Center Agrees to Settle Disability Discrimination Suit The former owner of VHS West Suburban Medical Center has agreed to settle a disability discrimination suit for $150,000 following a recent lawsuit that was filed following claims of a violation of the Americans with Disabilities Act (“ADA”).  The lawsuit claimed that a worker requested a reasonable accommodation of a temporary, part time schedule in January 2016.  Her employer instead put her on unpaid leave.  Even after notifying her employer that the reasonable accommodation was no longer needed, she was not allowed to return to work

Earlier this month, the Florida Legislature approved legislation that prohibits employers in the state from requiring employees be vaccinated against the coronavirus as a condition of employment. Readers will recall that federal contractor vaccine mandates and large scale employer vaccine mandates have been a hot button topic in recent weeks.  In fact, following a Fifth Circuit stay of the large scale employer vaccine mandate, the Sixth Circuit was selected as the Circuit that will hear the consolidated cases on the topic. With Florida approving this legislation last week, Florida Governor Ron DeSantis was not shy about hailing the legislation as a win for employers and employees alike.  In particular, Governor DeSantis called the legislation vital to protect an individual’s freedom without allowing for government overreach via these vaccine mandates. For additional information:   https://www.yahoo.com/news/florida-gov-poised-sign-bills-023338720.html

Workplace safety has been a somewhat common topic over the past year, due in no small part to concerns over workplace safety in light of the coronavirus pandemic.  While there are several articles I want to highlight for readers this week, I call particular attention to the first article in regard to an employee that was allegedly fired after raising concerns about workplace safety in regard to possible transmission of the coronavirus at work. As always, below are a couple articles that caught my eye this week. Labor Department Files Suit Against Peterbilt After Worker Fired For Voicing Concerns About Workplace Safety Earlier this month, the Labor Department announced it had filed suit against PACCAR, Inc. d/b/a Peterbilt Motor Co. after the company allegedly terminated an employee who voiced concerns about being exposed to coronavirus in the workplace.  According to the lawsuit, the employee had expressed concerns about contracting the coronavirus in the workplace last year, despite t

Late last week, the U.S. House of Representatives approved legislation that would provide four weeks of paid family and medical leave for all employees and independent contractors. That legislation, called the Build Back Better Act, is a cornerstone of President Joe Biden’s legislative agenda that has been stuck in somewhat of a quagmire in Congress…despite Democrats having majority control of both the House and Senate.   Readers might recall that paid leave has been on, then off, then back on the table while the House worked to find enough votes to approve the legislation . With the legislation clearing the House, it now heads to the Senate where its passage is no sure thing.  Despite Democrats having a narrow majority in the Senate, some Democratic Senators including Joe Manchin have indicated their opposition to paid leave being included in the Build Back Better Act due to the cost of the paid leave.  Will a compromise be reached that would result in paid leave remaining in the legi

Last week, unionized workers at Kroger in Houston voted to authorize a strike that could take place at any time…perhaps even as readers are paging through this post. The workers had previously voted to authorize a strike last November after negotiations fells apart with the company in regard to a new contract.  However, a strike did not occur while the company and the workers’ union continued to negotiate.  With that being said, with apparently no serious advancement in regard to a new contract, the workers voted again to authorize a strike.  While no date was set to strike, the vote gives the green light for these unionized workers to walk off the job at any time. Will there be a resolution before Thanksgiving?  Perhaps.  With that being said, this is a rather tenuous situation with a strike appearing to be imminent but the exact timeframe of when it will occur not yet clear.  Stay tuned. For additional information:   https://www.fastcompany.com/90698441/strikesgiving-kroger-employees

Perhaps this should have been a “Labor Law Edition” to close out the week, given that the two articles that I want to highlight for readers are labor centric.  Even for those readers that do not encounter labor unions or unionization efforts often, I encourage you to give both of the below articles a read. As always, below are a couple articles that caught my eye this week. Starbucks & the Union Elections: The Start of a Wave Of Unionization Efforts In the Food Industry? As readers might recall, workers at several Buffalo area Starbucks locations have sought to unionize.  While Starbucks has sought to have one election for all the stores, each store will have its own election.  As Katishi Maake at Retail Brew writes, labor advocates are hoping to use a successful election at one (or more) of the Buffalo area stores as a catalyst to encourage other workers in the food industry to follow suit.  I refer readers to the article for Maake’s thoughts on the matter.  While the results of

Several years ago, back in 2013 to be exact, a case was working its way through the Ninth Circuit in which a group of Apple store employees sued the company on the grounds that they should be paid for the time spent waiting in security bag screening lines at work. That case, Frlekin v. Apple , saw several twists and turns after the class action was filed, including being tossed out but eventually reinstated last year.  The workers claimed that this time was compensable but Apple pushed back, noting that these workers could simply not bring a bag to work and could avoid the screening. Perhaps all is well that ends well?  Last Friday, the parties have asked a federal judge to approve a nearly $30 million settlement in which Apple would pay these workers to resolve the lawsuit.  While the proposed settlement must be approved by the Court, this could finally resolve a rather drawn out and protracted lawsuit. For additional information:   https://www.bloomberg.com/news/articles/2021-11-13/a

Earlier today, the Sixth Circuit Court of Appeals was selected as the Circuit that will hear the challenges to the Biden Administration’s large scale employer vaccine mandate. As previously noted, there have been a host of lawsuits filed in various parts of the country in an effort to stop the implementation of the large scale employer vaccine mandate that was set to go into effect on January 4th.   Late last week , the Fifth Circuit Court of Appeals issued a permanent stay on the vaccine mandate.  However, the Court wrote that it could be lifted by another Circuit. That brings us to today’s development.  As there are several cases pending around the country dealing with this vaccine mandate, the Justice Department was charged with conducting a random section of one Circuit in which the cases would be consolidated and heard.  That random selection was done as any “gambler” might like...via a lotto ball drawing.  Note, this is not abnormal.  This is the way it is decided which Circuit w

The ongoing John Deere strike has been notable in two regards:  1) over 10,000 unionized workers have been on strike for what it going on over a month; and 2) despite repeated failures to secure a new agreement between the company and its workers, a third attempt at reaching an agreement might finally end the strike. The size and scale of the strike has been notable in so much that it has slowed production at the company and forced John Deere to bring in non unionized workers in an effort to bridge the gap.  While prior attempts had been made to reach a resolution on a new agreement, the local unions have failed to ratify the prior tentative agreements.  (The ratification of a new agreement is required by the local unions rather than just by the United Auto Workers, which is negotiating with the company.)  Despite coming close on the most recent ratification vote (55% against, 45% for ratification), there is hope that this third tentative agreement will finally put an end to the strik

Let us call this a hot of the presses breaking news matter for a late Friday evening.  A few hours ago, the Fifth Circuit Court of Appeals upheld a stay it previously issued that will prevent the Biden Administration’s vaccine mandate for employers with 100 or more employees from taking effect. Readers might recall that a stay was recently issued by the Fifth Circuit with time allowed for the Biden Administration to file a response .  The Biden Administration did just that and framed the vaccine mandate as a life or death matter that was needed to prevent widespread infections and deaths. In the opinion issued this evening by the Fifth Circuit, the Court rejected the arguments made by the Biden Administration, pointing out that the vaccine mandate did not account for differences in workplaces (where some workers might be working side by side while others might work solo).  The Court went on to question the Biden Administration’s life or death argument since the vaccine mandate did not

Coronavirus testing, minimum wage hikes, and union elections…talk about quite the range of topics this week.  I encourage readers to take a look at all three topics but will call attention to the Zoom discussion happening in a few hours in regard to coronavirus testing for large scale employers.  That one is well worth joining if you have some spare time today. As always, below are a couple articles that caught my eye this week. The Nitty Gritty Details of OSHA’s Vaccine or Test Mandate Today at noon EST, there is a Zoom discussion being held buy several employment law attorneys in which they are talking about the Occupational Safety & Health Administration (“OSHA”) and their recent requirement that large scale employers either require their employees be vaccinated or tested weekly.   Readers will recall that this has been an evolving story but I encourage those looking for more information on the matter to join the Zoom discussion in a few hours. Push Begins to Put $15/Hour Wage

On October 5th, New Jersey Governor Phil Murphy signed Assembly Bill 681 into law which amends the New Jersey Law Against Discrimination to now prohibit employers from discriminating against workers on the basis of their age, if a particular worker is age 70+. While the New Jersey Law Against Discrimination previously prohibited discrimination against any worker in regard to the opportunity to obtain employment, there was some ambiguity that allowed employers to make employment decisions on the basis of an employee’s age if the employee was over the age of 70.  In effect, while the law was well intentioned, it did not specifically outlaw employment discrimination against this group of workers. However, with Governor Murphy signing the legislation into law, this sort of discrimination that had been outside the scope of the New Jersey Law Against Discrimination will now fall within its scope and prohibit employers from taking those sort of now unlawful employment actions. For additional

On Saturday, the Fifth Circuit Court of Appeals issued a stay that for the time being halts the implementation and enforcement of President Joe Biden’s aggressive plan to require vaccinations among employees at large scale employers. Readers will recall that vaccine mandate announcement was made earlier this year with the Biden Administration announcing further details (and a new January 4th compliance date) last week .  Nearly as soon as the announcement was made last week, there became a growing chorus of opposition speaking out against the vaccine mandate.  While there are several legal challenges to the mandate in courts around the country, Saturday’s ruling from the Fifth Circuit Court of Appeals comes after a joint petition was filed by advocacy groups, businesses, and a host of states including Texas, South Carolina, and Utah. Per the Court’s order, the Biden Administration has until 5 PM today to respond or the halt issued over the weekend will become a permanent injunction.  N

Recently, there have been several developments on some topics I have written about that I wanted to bring to the attention of readers.  As with many topics I write about, situations change and are constantly evolving.  As we head into the homestretch of 2021, I wanted to highlight a few recent developments that readers might find worth a read. As always, below are a couple articles that caught my eye this week. Coronavirus Testing, Vaccinations, & Paid Leave Yesterday , it was announced that there is a new deadline for large employer to comply with the coronavirus vaccine requirements as directed by the Biden administration.  Following the Occupational Safety and Health Administration issuing its Emergency Temporary Standard (“ETS”) on the matter, questions have started to arise over what, if any, paid leave employers will be required to provide to employees to get tested and/or get a coronavirus vaccine.  Earlier this morning, Jeff Nowak over at FMLA Insights posted a good overv

Readers will likely recall that in recent months , the President Biden administration issued an executive order requiring all federal contractors to be vaccinated as well as instructing the Labor Department to work with the Occupation Safety and Health Administration on a requirement that employers with 100 or more employees require vaccinations. Let us take this in two parts, starting first with an amendment to the federal contractor vaccination requirement.  Previously, the executive order required all federal contractors be vaccinated by December 8th.  However, there have been a growing number of grips and complaints about this deadline as many critics said it would further exacerbate supply chain issues heading into the holiday season.  However, earlier today, that vaccination deadline for federal contractors was moved to January 4th. In regard to the vaccination requirement for employers with 100 or more employees, that requirement is now set to go into effect on January 4th as we

  On September 27th, California Governor Gavin Newsom signed AB 1033 into law which amends the California Family Rights Act (“CFRA”) to provide for job protected time off to allow workers to care for sick in laws. The CFRA, as currently written before AB 1033 was signed into law, stipulates that most employers in the state are required to provide eligible employees with up to twelve weeks of job protected time off to allow the employee to tend to their own medical issues, to care for a sick family member, as well as bond with a new child.  However, Governor Newsom’s approval of AB 1033 will now allow in laws to be included in that category, should an employee need to care for an in law with a serious medical condition. This law is set to go into effect on January 1, 2022.  Employers in the state would be wise to ensure compliance ahead of time. For additional information as to AB 1033:   https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1033

  I mean, really, the title says it all.  The New York Department of Labor recently released guidance and a FAQ section on recreational marijuana usage and how it applies in the workplace. In reviewing the guidance, I wanted to point out a few key takeaways.  First, as some readers might be aware, recreational marijuana usage and possession was legalized in New York for adults 21+ effective this past March.  In doing so, New York employers are prohibited from hiring, employing, discharging, or otherwise discriminating against a worker for lawfully using marijuana away from the workplace while off duty and off premises.  Now that we have that out of the way, it is important to note that employers in New York are prohibited from drug testing employees for marijuana except in limited circumstances (such as where it is required by law).  As well, an employer that smells marijuana cannot use that alone as evidence of “articulable symptoms of impairment.”  In addition, drug testing results

Striketober:  A month in which the predominant labor stories have centered on worker strikes.  I will admit, the Striketober name is catchy and noteworthy in so much that there have been a noticeable number of strikes over the past 29 days.  For instance, Kellogg’s , John Deere , McDonald’s , and Southwest Airlines (depending who you ask) have all experienced (or continue to experience) worker strikes this month.  While there are a host of articles worth talking about this week, Striketober is at the forefront of my mind and what I want to loop readers in on to close out the week. As always, below are a couple articles that caught my eye this week. President Biden Remains Conspicuously Absent From ‘Striketober’ Events As noted above, with that the end of the month is Sunday, I think it is appropriate to lead things off with this article from Shannon Pettypiece over at NBC News that notes that although President Joe Biden has long been at the forefront of labor issues during his many