The Majority Opinion: Legal Blog

Some readers might have been watching either the RNC last week or the DNC this week and heard a few parts of speeches that dealt with labor and employment law matters.   Last week, I had highlighted some of Ivanka Trump's speech which emphasized equal pay .  I think it is appropriate this week to give a nod to the recently released DNC platform which includes a provision for raising the minimum wage rate to $15/hour.  As always, below are a couple articles that caught my eye this week. A Closer Look at the Democratic Party Platform's Position on Minimum Wage Increase A few weeks ago, I had mentioned that the Democratic Party Platform for 2016 would include support for a $15/hour minimum wage rate.  The Platform, released late last week, calls for a $15/hour minimum wage rate "over time"...not quite what Senator Bernie Sanders had called for, but still more progressive than the $12/hour minimum wage rate that had been advocated by Secretary Clinton. ...

Earlier this month, the Ohio Attorney General, Mike DeWine, issued an advisory opinion in which he stated that the Ohio Constitution does not grant cities or municipalities the right to adopt their own minimum wage rates that exceed (or conflict) with the statewide hourly rate.  Note, the current state wide minimum wage rate in Ohio is $8.10/hour.  Several cities such as Cincinnati and Cleveland have taken steps to approve a $15/hour minimum wage rate. It is important to note that in Ohio, only the General Assembly can determine the state's minimum wage rate.  At this point, Democrats in both the House and Senate in Ohio have proposed a $10.10/hour minimum wage rate across the state.  However, with little support from Republicans (who also control the state legislature), I would not hold my breath on an increase in the state wide minimum wage rate...at least not as long as Democrats are in the minority.   With that being said, back in 2006, voter...

Earlier this month, I had provided an update on a Fair Labor Standards Act ("FLSA") suit that had been filed several minor leaguers that claimed they were not paid paid overtime nor minimum wage for their work.  (Readers might remember the suit had received conditional class certification previously.)  In addition, readers might recall that a bill had recently been introduced in Congress which would prohibit minor leaguers from earning minimum wage.  The bill, known as the "Save America's Pastime Act", was quickly met with harsh criticism....so harsh that one of the sponsors of the bill almost immediately withdrew her support of the bill. In regard to the FLSA suit, however, a federal judge recently decertified the class on the grounds that adjudicating the case on a collective basis would be unimaginable, if not impossible.  In the judge's opinion, he noted that the individual issues that would arise when considering the rate of pay each player rec...

Talk about a busy week.  I have been on the road for work most of the first four days this week and have barely had a chance to look up.  With that being said, I still came across a couple good articles that I think readers will enjoy. As always, below are a couple articles that caught my eye this week. Ivanka Trump Advocates For Equal Pay Last night at the Republican National Convention, Ivanka Trump spoke before introducing Donald Trump.  During her speech, Ivanka advocated for equal pay for women in the workplace.  She further seemed to suggest for additional support for women with newborns (ie expanded maternity leave).  Quite an interesting topic to come up during her speech...considering that Republicans have traditionally not been at the forefront of advocating for equal pay. $15 Minimum Wage Hike Hits a Snag in Baltimore The Baltimore Sun has a good update on the developing fight in Baltimore to raise the minimum wage rate to $15/hour....

As with many employment and labor law related cases that are being litigated around the country, there are always a few that stand out.  This is one to keep an eye on. Facts :  Matthew Christiansen filed suit against Omicom on the grounds that the company discriminated against him because he was gay, among other reasons.  While sexual orientation, in and of itself is not classified as sex discrimination under Title VII of the Civil Rights Act of 1964, Christiansen argued it should be included as a protected class under Title VII.  While the District Court agreed with this argument, Christiansen's claim was dismissed on the grounds that a prior decision, Simonton v. Runyon , had held that sexual orientation based discrimination is not covered under the law.  Christiansen subsequently appealed. The Main Issue :  Does sexual orientation fall within a protected class (and amount to sex discrimination) that is covered under Title VII of the Civil Righ...

A few weeks ago, Representative John Becker, introduced legislation in the Ohio legislature to enact right to work legislation in regard to public sector unions.  Becker, a Republican, noted that although fellow Republican, Gover John Kasich, has said right to work legislation is not currently a priority, that did not deter him from proposing this bill.  In addition, the fact that right to work legislation that would have impacted the private sector did not pass last year did not prevent Representstive Becker from proceeding ahead. Let's see if this version of right to work legislation can pass this time around. For additional information:    http://www.cincinnati.com/story/news/politics/2016/06/30/becker-introduces-public-right--work-bill/86562318/

Ironically, this summer has turned into a busy time at work with a lot of travel and trips out of town.  Having been in Phoenix a few weeks ago, John Hall's note on OSHA tips for dealing with heat exposure jumped out at me.  Whether you have employees in Phoenix, Minneapolis, Manchester, or anywhere in between, I think John's article is well worth a quick review to stay informed on the matter. As always, below are a couple articles that caught my eye this week. EEOC Reaches Settlement on its First Sexual Orientation Bias Lawsuit Over at The Employer Handbook , Eric Meyer wrote an update on the EEOC announcing a settlement on its first sexual orientation bias lawsuit.  Back in March, the EEOC filed its first lawsuits in which an employer had allegedly violated Title VII of the Civil Rights Act of 1964 by discriminating based upon sexual orientation.  Recently, the EEOC announced it had settled one of those lawsuits for $200,000.00.  Eric does a good jo...