The Majority Opinion: Legal Blog

A few years ago, I remember when the “Fight for $15” movement was taking off around the country.  Lo and behold, it appears that a $15/hour minimum wage is not the stopping point, which should be no surprise.  As the below article notes, New York is aggressively moving to ramp up hourly wage rates even higher.  While all the  below articles are worth a read, I called particular attention to that one. As always, below are a couple article that caught my eye this week. Disney World Workers Reject Latest Contract Offer Late last week, it was announced that workers at Disney World had rejected the most recent contract offer from the company, calling on their employer to do better.  As Brooks Barnes at The New York Times writes, the unions that represent about 32,000 workers at Disney World reported their members resoundingly rejected the 5 year contract offer which would have seen workers receive a 10% raise and retroactive increased back pay.  While Disney’s offer would have increased pa

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 nominees

Last Thursday, the New Jersey Senate voted 21 - 16 in favor of passage of S511, the Temporary Worker Bill of Rights. Advocates of the legislation had long championed it as vital to workers in the state, despite fierce opposition from business groups.  Business groups criticized the legislation over claims it would unnecessarily drive up costs and force companies to move out of the state. As for the key portions of the legislation itself, S511 provides temporary workers in the state with the right to basic information in English and their native language in regard to where they will be working, their pay rate, their work schedule, the type of work they will be performing, and how much sick leave they would be entitled to receive. S511 further eliminates many of the fees that temp agencies deduct from workers’ pay, including mandatory fees for things such as vans which shuttle workers to their job sites. In addition, temporary workers would be guaranteed to earn at least the minimum wage

As with many labor and 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. Last month, two pieces of legislation were introduced in the Maryland Legislature which would provide employers in the state with a tax credit if they would transition employees from a 5 day workweek to a 4 day workweek without curtailing benefits or pay. Under both SB 197 (introduced in the Senate) and HB 181 (introduced in the House), Maryland employers would be entitled to a state income tax credit of up to $750,000.00 so long as the employer transitioned at least 30 workers to a 4 day workweek. The legislation seeks to have this policy take place beginning July 1st and extend until the end of 2027.   While both pieces of legislation have just been introduced in the Maryland Legislature, a committee hearing is already set to take place this Thursday. For a copy of SB 197:   https://mgaleg.maryland.gov/2023RS/bills/

For those readers that have not followed the news/events that have been unfolding in recent weeks in regard to ChatGPT, let us take a step back.  ChatGPT is an AI chat bot that generates human like text based upon input.  Notably, ChatGPT has passed bar exams, college exams, medical licensing exams, and related testing as well as being able to code, send emails, and producing advertising and press releases.  In doing so, many have attempted to use ChatGPT to simulate work and related projects in the workplace.  Given this sudden rise in popularity (amongst some) with this AI, I think this is a good time to look at how ChatGPT is impacting the workforce in employment related matters. As always, below are a couple articles that caught my eye this week. ChatGPT & HIPPA Compliance Issues Ah yes, the situation that likely keeps many in the HR field up at night:  the disclosure of an employee’s medical history/records.  As this article notes, there is concern that while ChatGPT could tak

Last Friday, the Ninth Circuit Court of Appeals held that President Biden had the authority to remove the general counsel of the National Labor Relations Board (“NLRB”), despite claims to the contrary.  Readers will likely recall that when President Biden came into office back in January 2021, he took swift steps to remove the NLRB’s general counsel (Peter Robb) on his first day in the Oval Office and insert his own general counsel (Jennifer Abruzzo) who was later confirmed by the Senate in July of 2021.  Critics of the move immediately called President Biden’s move unlawful and without any legal authority, not to mention the fact this was the first time a president and removed the NLRB’s general counsel. Unsurprisingly, lawsuits began over the matter in both the Fifth and Ninth Circuits on the grounds that the termination was unlawful and any subsequent rulings from the NLRB were invalid.  Last April, the Fifth Circuit Court of Appeals held that President Biden lawfully terminated the

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations