The Majority Opinion: Legal Blog

Having spent most of the week on the road for work. I had limited time between hearings and a trial to read through many articles.  Regardless, with a bit of spare time at hotels, I was able to multitask and read through a few good articles while also watching both nights of the 2020 Democratic Presidential debates to see how the candidates addressed relevant labor and employment law topics.  As always, below are a couple articles that caught my eye this week. D.C.'s Ban the Box Law Nets $500,000.00 in Fines Against Employers Since the District of Columbia passed a ban the box law prohibiting employers from asking applicants about their criminal history, there have been a host of fines imposed against employers for breaking this law.  With more than $500,000.00 in fines imposed, it is evident that even with a ban the box law in place, some employers are still running afoul of the law.  With that being said, as this article from The Washington Post notes,...

UPMC - NLRB Facts :  UPMC, a hospital system in Pennsylvania, ejected two union organizers from its 11th floor public cafeteria where the organizers were meeting with hospital employees to discuss union organizing.  A Security Operations Manager had told the union representatives that the cafeteria was only for the use of patients, their families and visitors, and employees.  However, there was nothing posted either inside or outside the cafeteria indicating who may use it.  There was evidence that UPMC had previously removed non-employees that were engaged in promotional activity. Analysis :  Notably, the United States Supreme Court issued a ruling in 1956 in NLRB v. Babcock & Wilcox Co. in which the Court held that the National Labor Relations Act ("NLRA") required employers to refrain from interfering, restraining, or coercing employee's exercise of their statutory rights.  However, the NLRA does not require an employer permit the use of ...

Richardson v. Chicago Transit Authority - Seventh Circuit Court of Appeals Facts :  Mark Richardson ("Richardson") worked for the Chicago Transit Authority ("CTA") as a bus operator beginning in 1993 until 2012.  In 2005, Richardson was reported to have weighed 350 pounds.  By 2009, he was reported to have weighed 566 pounds.  In February 2010, Richardson was absent from work because of the flu.  When he attempted to return, he was told he could not return to work until he controlled his blood pressure.  In September, Richardson was re-evaluated.  Concern arose over his weight as CTA bus seats were not designed to accommodate drivers weighing over 400 pounds.  However, weighing over 400 pounds did not automatically disqualify employees from working as bus operators.  An assessment was conducted which found that although Richardson could drive all of CTA's buses in a safe and trusted manner there were several safety concerns raised incl...

This week, we have a little something for everyone:  a proposed change to the overtime salary threshold, the ongoing gig economy worker classification fight in California, Nevada’s new law re hiring applicants with a positive marijuana test, an update on a parental paid leave policy in Congress, and a New York law that allows employees paid time off to vote.  This is quite the week of developments, to say the least.    As always, below are a couple articles that caught my eye this week. Ohio Senator Pushes For Higher Overtime Salary Threshold As WVXU writes, Democratic Senator Sherrod Brown has recently started advocating for a new overtime salary threshold that is higher than what had been proposed during the President Barack Obama administration ($47,476/year)  as well as higher than what has been proposed by the President Donald Trump administration ($35,303/year.)  Senator Brown has proposed raising the current overtime salary threshold f...

Late last week, four different 2020 Democratic Presidential candidates visited McDonald's picket lines in Nevada and South Carolina, drawing further attention to these striking workers. For those unaware, McDonald's workers across the country have taken to striking and forming picket lines, in an effort to push for unionization and higher wages, namely a $15/hour minimum wage rate.  These efforts have been met with some success but have gone unnoticed in some circles.  With that being said, a wave of 2020 Democratic candidates for President could soon change that.  California Senator Kamala Harris was in Las Vegas last Friday to join striking McDonald's workers.  South Bend Mayor Pete Buttigieg, former Texas Representative Beto O'Rourke, and New Jersey Senator Corey Booker were in Charleston, South Carolina over the weekend visiting with striking workers and participating in marches. This "attack" and increased attention on large scale employers suc...

Late last week, another union election was held at a Chattanooga, Tennessee Volkswagen plant in which workers voted 833 - 776 against unionizing after a three day election.   For those unaware, this Volkswagen plant has been at the center stage of an ongoing unionization effort that has stretched out over the past few years .  (A 2014 election came close as well but ultimately failed.)  There has long been a simmering battle by the United Automobile Workers (the union that sought to represent workers at the plant) and those on the pro-employer side which have fought unionization efforts.  For labor leaders, they have viewed expanding into the south as paramount and have seen unionizing the Volkswagen plant in Chattanooga as the linchpin to starting that movement.  Of note, labor leaders have argued that a union is necessary to better advocate for the rights of workers in the south and fight for better wages and working conditions. However, there ...

Mawakana v. Board of Trustees of the University of the District of Columbia - D.C. Circuit Court of Appeals Facts :  Kemit Mawakana ("Mawakana"), a black male, worked at the University of the District of Columbia ("University") as a law professor.  Mawakana was on a three year contract and in 2009 it was renewed.  In 2010, he was promoted to Associate Professor and he subsequently applied for tenure.  In 2012, he attended a meeting of the faculty subcommittee that was assigned to review his application for tenure as was told the application "was in good shape."  However, the subcommittee apparently told Mawakana soon after that it has concerns about his scholarship.  The dean of the law school and the chair of the subcommittee asked Mawakana to withdraw his application which he refused to do.  The subcommittee then denied Mawakana's request for tenure.  The University Provost adopted the recommendation of the subcommittee with the University...