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

In the midst of mass layoffs amongst several tech companies, an article that addresses a move at Amazon to scale back some its HR department is especially timely and noteworthy.  While the three below articles are all worth a read, I call particular attention to the article that delves into the HR related development. As always, below are a couple articles that caught my eye this week. Where a Minimum Wage Rate Goes the Furthest…& Where it Does Not Last week, an article was published that took a look at what parts of the country the minimum wage rate goes furthest and where it falls short.  As the article notes, hourly workers in Denver and Spokane (among a few other cities) seem to be doing well, while hourly workers in Honolulu and Plano see just the opposite.  The article notes that the high(er) cost of living in a place like Honolulu impacts how far an hourly worker can stretch their dollar compared to a lower cost of living location like Denver. Amazon Set to Scale Back HR Wor

Stop me if you have heard this before:  In a tight labor market (or very tight labor market, depending the field), employers are fighting not only for the cream of the crop but often simply just for enough employees to stay afloat. On Tuesday, WalMart upped the ante by announcing that by March, it would raise its minimum wage rates to $14/hour for its workers.  This 17% wage hike comes on the heels of WalMart fighting with other big box retailers like Target and Costco for workers.   With this minimum wage hike, the company’s average hourly rate is expected to hit $17.50/hour. The question now becomes…who is going to try and one up WalMart in the midst of a tight labor market? For additional information:   https://www.cnbc.com/2023/01/24/walmart-raises-minimum-wage-as-retail-labor-market-remains-tight.html

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. Last Thursday, SD 1208 was introduced in the Massachusetts Legislature which would provide for collective bargaining rights for legislative staff. Readers might recall that the U.S. House had previously approved its legislative staff to unionize.  In fact, in recent months, several congressional offices had voted to unionize.  (Although it is important to note that that the U.S. Senate has not taken similar steps at this time.  At the present, staffers of any U.S. Senator cannot form a union.) Will SD 1208 make it across the finish line?  While it is still far too early to say, I think this piece of legislation has a strong chance of becoming law. For a copy of SD 1208:   https://malegislature.gov/Bills/193/SD1208.pdf

The recent development out of Washington, D.C. in regard to a delay in a hike to the tipped minimum wage is one article in particular that I want to call attention to this week.  While the three other articles are certainly worth a read, the news about the D.C. City Council delaying the wage hike is especially noteworthy. As always, below are a couple articles that caught my eye this week. The (Unknown) Labor Union Representing Austin Musicians Earlier this week, an article was published which noted the relatively anonymous labor union that represents Austin musicians.  The Austin Federation of Musicians, which has been in existence since 1907, provides members with standard union contracts that they can use as well as the resources of the union if things go south with an employer, not to mention the ability to contribute to and draw from a pension.  The cost, $205 to join and then $200 a year afterward, is a relatively low bar for entry for many…yet the union still operates in a somew

Yesterday, it was announced that workers at an REI in Orange, OH intended to unionize and had filed for a union election. These REI workers, seeking to be represented by the Retail, Wholesale and Department Store Union, would join REI workers at locations in California and New York that have already successfully voted to unionize.  The workers at the Orange location have cited issues over wages and irregular scheduling as the motivation to unionize. Will these workers actually vote to unionize (assuming/once the National Labor Relations Board sets a vote date)?  If I were a betting man, I would expect a successful vote.  Stay tuned. For additional information:   https://www.cleveland.com/news/2023/01/workers-at-the-rei-store-in-orange-are-looking-to-unionize.html

Southwest Airlines cannot seem to catch a break nowadays, can it?  On the heels of the meltdown the company experienced a few weeks ago, the Southwest pilots’ union has announced that it intends to call for a vote that would enable Southwest pilots to strike. To be clear, the union is seeking approval from the pilots for the ability to call for a strike.  While the vote is set to start May 1st, there is no guarantee the pilots will give the union the green light to strike.  In fact, even if the pilots gave approval to strike, ultimately the National Mediation Board would still need to approve it. With that being said, with many pilots being left stranded in recent weeks during the fiasco Southwest experienced (and talks with the company over a new contract not progressing), I think it is certainly likely (if not probable) that the pilots will give the union the ok to strike. Buckle up. For additional information:   https://www.cnbc.com/2023/01/18/southwest-pilots-union-calls-vote-to-au

As we hit mid month, I wanted to stop and catch my breath and highlight a couple of good articles this week.  The first is for those HR fans (especially those that work for smaller employers) in which a writer at Business Insider notes a few ways smaller employers are recruiting and retaining employees in the midst of a tight labor market.  The second article delves into a recent labor union movement among graduate students at Yale.  Even for those that are not drawn to labor law news, this article is worth a quick read. As always, below are a few articles that caught my eye this week. Smaller Employers Get Creative On Ways To Attract (& Retain) Employees Alexandra York at Business Insider wrote an article recently in which she noted a growing trend among some smaller employers to find innovative ways to attract and retain employees.  It should come as no surprise that many industries have an extremely tight labor market now and often, large employers are able to attract and reta

As with may 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 Tuesday, the U.S. Supreme Court heard oral arguments in regard to Glacier Northwest v. International Brotherhood of Teamsters, Local Union 174 , a case in which the Court will consider whether the National Labor Relations Act (“NLRA”) preempts a state tort claim against a union for intentionally destroying an employer’s property during a labor dispute. In Glacier , the employer filed a state tort claim against the union and alleged the union coordinated with the striking truck drivers to strike at a time when the employer’s mixed concrete would go to waste.  The Washington Supreme Court had previously thrown the case out on the grounds that the NLRA did not provide such a preemption. Readers might recall that while the NLRA permits workers to strike, striking workers cannot use violence, violate federal laws, brea

Oh boy.  Buckle up, readers.  Last week, the Federal Trade Commission (“FTC”) proposed a new rule that would ban non compete agreements for employees and independent contractors across the country. As if that is not already a sweeping proposal, the FTC went one step further and proposed rescinding any non compete agreement currently in place.  That would require employers to inform current (and former) employees and any independent contractors that the non compete agreement that was currently in place was no longer in effect. Advocates of this blanket ban on non compete agreements argue it is needed on the grounds that non compete agreements suppress wages, prohibit employment, and stymie innovation. Now before readers start cheering (or sweating) this proposed rule, I want to caution you that it is not in place.  The next likely step will be for the FTC to open up a public comment period in which comments will be taken on the proposed rule.  Once the comment period closes, the wording

Yesterday, it was announced that FTC is moving to do away with non compete agreements.  To call that a potentially massive development is a major understatement.  While I will address that matter next week, there were a few articles on other topics that I read over the past few days that are worth highlighting for the purposes of this post. As always, below are a couple articles that caught my eye this week. Minimum Wage Hikes Take Place in 23 States: A Closer Look This past Sunday, January 1st, minimum wage hikes went into place in many states across the country with other states hiking wages later this year.  I refer readers to this article from Paul Davidson who highlights which states (and cities) have hiked their wages to start off 2023. Survey Finds Strong Support for Michigan’s Right to Work Law A few weeks ago, I had made note of Democrats regaining majority control in the Michigan Legislature.  In doing so, attention turned to whether Democrats in the state would seek to do a

For those employees who have not checked or forgot about the change in mileage reimbursement rates, the IRS announced the optional standard mileage reimbursement rates have changed for 2023.  Beginning January 1, 2023, the reimbursement rats have increased, and are as follows: 65.5 cents per mile for business miles driven (up 3 cents from the current rate); 22 cents per mile for medical or moving purposes (same as the current rate in effect); 14 cents per mile driven in service of charitable organizations (same as the current rate in effect). For those employers that use the standard IRS rate for mileage reimbursements, make sure to change your expense reimbursement policies. 

Yesterday, it was announced that video game testers at Microsoft had formed the company’s first union. To call this, a rather seminal development is an understatement.  While Microsoft agreed recognize the union, the fact that this is the first union formed successfully at the company is noteworthy. Now that the approximately 300 video game testers have successfully formed the union, they will be represented by the Communications Workers of America in talks with Microsoft about a collective bargaining agreement.  Will other unions now form at Microsoft?  Perhaps.  For the time being, however, this is a major step in terms of unionization at the company. For additional information:   https://www.nbcnews.com/news/amp/rcna64103

Late last month, Starbucks Workers United (the union that represents Starbucks workers around the country) started to ramp up its pressure on the company by calling on customers to boycott buying giftcards and staging temporary strikes and walkouts at over 60 stores. Readers will recall that one of the prevailing stories over the past twelve months has been the ongoing unionization at Starbucks locations across the country.  In doing so, Starbucks Workers United has seen their impact and power grow exponentially.  As a result of the successful unionizations, discussions between Starbucks Workers United and the company have taken place over a collective bargaining agreement.  Perhaps to the surprise of no one, those talks over a contract have been slow going. Following the prolonged and drawn out discussions over a contract, Starbucks Workers United sought to use temporary strikes and walkouts to draw attention to their cause.  According to the union, the strikes and walkouts were not d