The Majority Opinion: Legal Blog

While I do want to lead things off with an update about unionization efforts at Starbucks (or more so the ramifications of those efforts), I do want to point readers to a development in Hawaii in regard to a possible mini wage hike currently working its way through the Legislature.  Without giving things away, today marks a seminal moment in the viability of that minimum wage legislation. As always, below are a couple articles that caught my eye this week. NLRB Moves to Have Three Starbucks Employees Reinstated Last Friday, the Regional Director of the National Labor Relations Board (“NLRB”) in Phoenix filed a lawsuit against Starbucks and moved to have three Starbucks employees reinstated.  The lawsuit alleged that these three employees these employees were unlawfully terminated (or forced to leave their positions) as a direct result of their organization efforts.  The lawsuit seeks to have an injunction issued to have these employees reinstated.  While Starbucks has denied any unlawf

Ironically, on the same day I posted an article last week which noted that an election was set to be held at a New Jersey Amazon warehouse, the union that sought to hold the election withdrew its petition from the National Labor Relations Board (“NLRB”). For a bit of background here, Local 713 of the International Brotherhood of Trade Unions had sought to unionize an Amazon warehouse in Bayonne, New Jersey.  In doing so, they had obtained 30% of signatures from eligible workers at the warehouse and filed their petition with the NLRB to have an election held.  While it appeared that the NLRB would set the election date, the union last week requested to withdraw its petition.  The NLRB indicated it would accept the withdrawal request and therefore no election will be held at this time.  The timing of this withdrawal is a bit odd.  Give the momentum that workers suddenly have, in regard to unionization at places such as Starbucks, REI, and Amazon, now would be as good of a time as any to

Workers at an Apple retail location in Grand Central Station in New York City are taking steps to become the first Apple retail location to form a union. These Apple workers have already voted to affiliate with Workers United, the labor union that has been assisting workers at Starbucks with their unionization efforts.  At present, efforts are underway to collect enough signatures from workers at the Grand Central Station location to hold an election.  Aligning with Workers United is seen as a step toward using the momentum of unionization at Starbucks to successfully unionize Apple retail locations. It is worth noting that these Apple workers at Grand Central Station join a few other Apple retail locations that are also undergoing a unionization push.  As with many retail workers, Apple retail workers are fighting for increased pay ($30/hour) and better benefits (including tuition reimbursement, increased vacation time, and higher match rates for 401(k) plans).  It has been suggested

In recent weeks, we have had a post dedicated to labor law and minimum wage developments.  I suppose it is only appropriate that we dedicate this post to human resource related issues.  As the below articles point out, while burnout is an ongoing (and alarming) development in the Human Resources field, employer provided benefits continue to be a common situation many in Human Resources are dealing with as employers fight amongst themselves for a still small labor pool. As always, below are a couple articles that caught my eye this week. Human Resources Professionals Report 98% Burnout Rate Ah yes, burnout in the workplace.  Even before the Great Resignation became a common phrase among workers and employers alike, burnout ran rampant in many industries.  As Jack Kelly at Forbes writes, with over 500 Human Resources professionals surveyed, a shocking 98% reported feeling burnout in their jobs.  As Kelly writes, the increasingly stressful workplace situations that many Human Resources p

Recently, it was announced by the National Labor Relations Board that at least 30% of eligible workers at an Amazon warehouse in Bayonne, New Jersey had submitted signatures such that a union election will be held at the warehouse. This election will come on the heels of the successful unionization of the first Amazon warehouse in Staten Island a few weeks ago.  While that Staten Island warehouse will be represented by the Amazon Labor Union, this warehouse in New Jersey is seeking to have Local 713 International Brotherhood of Trade Unions represent approximately 200 warehouse workers.  As with the workers at the Staten Island warehouse, these workers in New Jersey are seeking better pay and benefits from Amazon.   Is the unionization of this New Jersey warehouse a foregone conclusion?  Not necessarily.  With that being said, with workers across several industries (including baristas at Starbucks and retail workers at REI, among others) breaking ground with successful elections, this

Ok, hang with me here as this is still several years out from being implement in the state.  However, the Maryland General Assembly overrode a veto from Governor Larry Hogan and in doing so, approved a paid family and medical leave for workers in Maryland. Beginning in 2025, paid family and medical leave will be provided to nearly every worker in the state.  Workers will be able to take up to 12 weeks of paid leave to care for a newborn child, to take care of sick relatives, recover from an illness, or prepare for military deployment.  New parents that experience a separate illness or family crisis would be eligible to take an additional 12 weeks of paid leave.  As always, many are likely wondering how this paid leave will be funded.  The legislation provides that there will be a payroll tax that will be split among workers and employers with more than 15 employees.  Of note, the amount of paid leave paid out will be based on prior earnings but will be capped at $1,000/week.  However,

Recently, Labor Secretary Marty Walsh and Vice President Kamala Harris announced that the Occupational Safety and Health Administration (“OSHA”) would launch a National Emphasis Program that would seek to protect workers from heat related issues in the workplace. As set out in the announcement, OSHA will inspect the job sites of over 70 high risk industries when the National Weather Service issues a heat warning or advisory for a certain area.  These inspections will include both the indoor and outdoor workplace.  The aim of OSHA in this instance is to provide workers with an understanding of their rights and impress upon employers their responsibilities for taking care of workers when warm weather comes into play. I refer readers to the below press release for more information.  With summer just around the corner, this is a timely development to note. For additional information:   https://www.osha.gov/news/newsreleases/national/04122022

Minimum wage hikes, updates (and reflections) on recent unionization votes, and a look at an oddly delayed/stalled right to work bill in North Carolina, should provide readers with a nice smattering of topics to page through heading into the long weekend.  Of note, I point readers to the Atlantic article on the recent successful unionization of the Amazon warehouse in Staten Island.  That article provides a bit of color as to the background (and perhaps motivation) for why these warehouse workers voted to unionize. As always, below are a couple articles that caught my eye this week. El Paso City Council Approves Mid Year Minimum Wage Hike On Tuesday, the El Paso City Council approved a minimum wage hike for city workers.  The 7.2% wage hike will see hourly pay rates rise to $11.11 beginning May 22nd.  The Sun City will also provide all non-uniform city workers provided with a $500 bonus at the start of their employment along with an additional $500 bonus after a six month probation pe

A few weeks ago, I had made note of Initiative 82, a tentative ballot measure in DC that would raise the tipped minimum wage in the District . However, in order to get Initiative 82 on the ballot, a required number of signatures needed to be collected and confirmed by the DC Board of Elections.  This was some uncertainty as of late as to whether enough signatures had been collected to get the matter before voters in November.  In order for Initiative 82 to get on the ballot, signatures of at least 5% of voters in five of the eight wards in DC were required.  However, around 122 ballots in one ward came under scrutiny.  In essence, the ability to get Initiative 82 on the ballot hinged on whether those 122 ballots were found to be suitable. It turns out, that final hurdle has been cleared with the DC Board of Elections finding that enough signatures had been obtained to put Initiative 82 on the ballot in November.  Will voters approve the measure and raise the tipped minimum wage?  I thi

Readers might recall that after a recent election at a Staten Island Amazon warehouse, workers had voted to form a union , marking a first for the company. Following the successful unionization at the Staten Island warehouse, it was speculated that Amazon might assert objections to the results in an effort to have a second election held.  It turns out, that might just be what what happens.  In recent days, Amazon asserted about 25 objections to the results and has requested the National Labor Relations Board (“NLRB”) order a second election take place.  Amazon’s main point of contention is that union organizers improperly influenced the results given their alleged strong arm tactics to get workers to vote yes on unionization. Now just because Amazon has asserted objections does not mean the results will be thrown out or that a second election will take place.  With that being said, Amazon’s objections are the first step in getting a second bite at the apple and having a second election

Last week, we had a post dedicated to labor law and some union developments.  This week, given the host of recent updates, I think it is appropriate to make this a post dedicated to minimum wage issues.  Of course, even for those readers that do not dabble in this area of the law, I still encourage you to give the below articles a read.  If nothing else, for those readers that wake up in the middle of the night and need something to put you back to sleep, let my words do the trick. As always, below are a couple articles that caught my eye this week. Eligible Duke University Employees To Receive $17/Hour Wage Rate For those Duke fans that are mourning the Final Four loss to UNC or the retirement of Coach K, perhaps this news will turn things around.  Effective July 1, Duke University will provide a $17/hour wage rate to all eligible employees.  The pay increase will apply to 3,100 staff members at Duke that work at least 20 hours per week/36 weeks per year.  This wage hike follows a pri

Last Friday, President Joe Biden nominated Kalpana Kotagal to fill an upcoming vacancy among commissioners at the Equal Employment Opportunity Commission (“EEOC”). In doing so, many have now turned their eyes to what a Democratic controlled EEOC might do, assuming Kotagal is confirmed by the U.S. Senate.  (For those unaware, the EEOC is comprised of 5 commissioners, all of whom are nominated by the President.  Each of the five terms are staggered so no one term ends at the same time as the others.)  Currently, the EEOC has a 3 - 2 majority control in favor of Republican appointed commissioners.  However, that will change with Janet Dhillon, a Republican appointed commissioner sees her term expire this summer. Assuming Kotagal is confirmed, many expect the EEOC will focus on cracking down on harassment in the workplace as well as implementing policies to protect workers (in light of the coronavirus.)  Workplace harassment, including harassment of LGBTQ workers, has been a topic of conve

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. In mid February, SB 1044 was introduced in the California Senate by Democratic Senator Maria Durango.  The proposed legislation would enable employees to leave work or refuse to show up if the employee subjectively feels unsafe regardless of existing health and safety standards or whether the employer has provided health and safety precautions.  The legislation would also prohibit an employer from preventing any employee from accessing a mobile device (or other communication device) to seek emergency assistance, assessing the safety of the situation, or communicating with a person to confirm their safety.   Note, this legislation would only apply when there is a “state of emergency”…such as Covid, in which California is still under a state of emergency.  While that particular state of emergency will (hopefully) end

To call this a breaking (and noteworthy) story is an understatement…notwithstanding the fact that this week’s “What I’ve Been Reading Post” focused on labor unions.  With a 2,654 - 2,131 vote, Staten Island Amazon warehouse workers have voted to become the first unionized U.S. workplace at the company. Leading into the vote, both supporters and opponents of the unionization effort ramped up efforts to support their cause.  Readers will recall that while unionization efforts have taken off at Starbucks in recent months, the successful unionization of this Staten Island warehouse was not a foregone conclusion. In fact, many thought that following the resounding defeat at the Bessemer, Alabama Amazon warehouse last year, labor advocates would be pleased with simply a good showing in Staten Island.  I was one of those who subscribed to the theory that a successful unionization vote probably was not in the cards. While the 2,654 - 2,131 vote was not a slam dunk in any sense of the word, it

The other week, I remarked that it has seemed to be the year of labor unions, due in no small part to the successful unionization efforts at several Starbucks around the country.  While we close out the first quarter of 2022, I think it is appropriate to give a nod to several labor law developments around the country.  Even for those readers that are not as intrigued by labor law, union elections, the National Labor Relations Board, etc., I would still encourage you to give the below articles a read. As always, below are a couple articles that caught my eye this week. Aw Nuts! Workers Soundly Vote Against Unionization of Hershey Plant On March 24th, it was announced that workers at a Hershey plant in Stuart Park, Virginia had overwhelming voted against unionizing.  Of the approximate 1,400 eligible workers that could vote in the election, nearly 80% voted against forming a union.  To call this a strong “No” is an understatement.  While labor advocates had hoped this election would res