The Majority Opinion: Legal Blog

In between several flights, layovers, mediation, and trial, I spent most of the week on the road and therefore was busier than normal.  Unfortunately, I did not have much spare time to read through articles, but on a few delayed flights, I had some downtime and came across some great articles.  In particular, I point readers to the gender discrimination suit filed against the New Orleans Saints after a cheerleader was allegedly terminated for posting in a one piece on Instagram, in violation of team rules that apply only to cheerleaders but not the players.  This is one case in particular that readers might want to keep a close eye on.  As always, below are a couple articles that caught my eye this week. NLRB Inspector General Urged to Investigate Board Member Pearce’s Conduct As readers are likely aware, the National Labor Relations Board (‘NLRB’) recently vacated its decision in the Hy-Brand case...and in doing so, reverted back to the Browning-Ferri s...

As always, there are some EEOC cases that jump out at me when I review developments on that front.  Below are a couple EEOC cases and settlements that stand out. IT Staffing Company to Pay $50,000.00 to Settle Age Discrimination Suit Earlier this month, the EEOC announced that Diverse Lynx, LLC agreed to settle an age discrimination claim for $50,000.00.  The suit alleged that the IT staffing company discriminated against an applicant when, after learning of his age, sent him an email informing him he would no lingering be considered for a position because of his age.  This conduct was in violation of the Age Discrimination in Employment Act which prohibits employers from discriminating against an employee or applicant as a result of their age.  Note to employers, going forward, ensure you do not refuse to hire an applicant because of their age...and do not put in writing that you are not hiring an applicant because of his/her age.  Use Diverse’s situa...

Yesterday, the Seventh Circuit Court of Appeals heard arguments on the legality of right to work zones in Illinois, specifically an effort by the village of Lincolnshire to implement a right to work zone in its town a few years ago.  That right to work zone was challenged by the International Union of Operating Engineers Local 150 and 399, the Chicagoland Regional Council of Carpenters, and the Laborers District Council of Chicago and Vicinity after Lincolnshire passed the right to work zone ordinance in 2015.  After a Circuit Judge ruled in favor of the unions last year, the appeal was taken to the Seventh Circuit Court of Appeals.  While I would not say that yesterday’s arguments gave a nod, either way, as to which way the Court will rule, it would not surprise me to see the Circuit Judeg’s ruling upheld.  The question would then turn to whether the Supreme Court would take up an appeal at that point. For readers that do not recall, right to work laws/ordina...

For those that have not been following the recent news from the Department of Labor, a recent ‘amnesty’ program was announced in which employers would be given an opportunity to self report wage and hour violations, without legal consequences, so long as employers get back pay to affected workers and the employers are not prior offenders themselves.   The program, known as the Payroll Audit Independent Determination program (‘PAID’) has been pushed by Labor Secretary Alexander Acosta as an opportunity for all parties to benefit:  Employers can immediately remedy any wage and hour violations they have (without fear of penalty) while workers will be entitled to receive any back pay they are due. However, critics of the program have repeatedly referred to it as a ‘get out of jail free’ cars for employers that does not get to the actual root of the problem:  alleged repeated and systemic wage and hour violations that reestedly go unchecked.  Opponents of the ...

It has been another busy week in the office and on the road (and unfortunately will not slow down much next week).  However, I did have some time on a few flights to browse through some articles and found a few of note that I wanted to highlight for readers this week. As always, below are a couple articles that caught my eye this week. Work-Life Balance Programs a Win-Win For Federal Employees & Government A recent report from the U.S. Office of Personnel Management notes that recently implemented work-life balance programs are allowing federal employees to better balance their work and personal lives while also yielding higher job performance, job satisfaction, and an interest in staying in their government position.  These work-life balance programs allow many federal employees to telework and have flexible working schedules.  75% of federal employees that have the opportunity to participate in one of these work-life balance programs reported that it ...

As with many employment and labor law related bills (and cases) being litigated around the country, there are always a few that stand out. This is one to keep an eye on. Yesterday, Democrats in New Jersey advanced a bill, NJ A3686 (18R) (also known as The Workplace Democracy Enhancement Act), out of the the Assembly Labor Committee by a 6 - 3 vote along party lines.  The bill, among other things, would require public employers to provide unions with greater access to the employees they represent.  The bill provides that unions would be allowed to meet with employees on the work premises (such as during lunch and other breaks) to discuss workplace issues, collective negotiations, and investigate and discuss grievances.   As well, unions would be able to meet with newly hired employees (without a charge to the pay or leave time of these employees) for a minimum of 30 minutes, within 30 days from the date of hire, during new employee orientations (or if ...

Ralph Smith, et al. v. Allegheny Technologies, Inc., et al. - United States District Court, Western District of Pennsylvania Facts :  During a strike and lockout at a steel plant, the employer used a strike staffing company to hire replacement steelworkers to work.  In order to access the plant, these replacement steelworkers had to spend time commuting across the picket line in vans provided by the strike staffing company.  These employees filed suit on the grounds that this time spent commuting across the picket line was compensable under the Portal to Portal Act and not being paid for this time spent commuting was in violation of the Fair Labor Standards Act ("FLSA") and state wage laws.  A Magistrate Judge issued a report and recommendation that these claims be allowed to proceed.  The matter was then brought before the District Court Judge to make a final ruling. Holding :  In order to streamline the Court's analysis, I think it is wise to ...