The Majority Opinion: Legal Blog

While I did not intend to only read through NLRB and union related matters this week, those topics seemed to catch my attention for one reason or another.  With the upcoming Iowa caucus on Monday, there is increased attention over what unions are doing (in terms of formally backing candidates, specifically Democrats.)  Given that the caucus is only a few days away, I think it is appropriate to lead things off with an article addressing that matter. As always, below are a couple articles that caught my eye this week. Ahead of Primary Season, Mayor Pete Buttigieg Struggles to Draw Union Endorsements Matt Pearce at The Los Angeles Times wrote an article late last week in which he noted a stark contrast among several Democratic candidates for the nomination for President.  While South Bend Mayor Pete Buttigieg has introduced a policy platform that is decidedly labor friendly, so far he has not been able to obtain a union endorsement.  (This is in contrast t...

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 caught my eye this month. Rainbow USA, Inc. to Pay $11,000.00 to Settle Pregnancy Discrimination Claim Earlier this month, it was announced that Rainbow USA, Inc. ("Rainbow") had agreed to pay $11,000.00 to settle a pregnancy discrimination claim, filed by a former employee.  According to the EEOC lawsuit, Rainbow indefinitely suspended a pregnant junior assistant manager and subsequently terminated her two days after learning of her pregnancy related restrictions.  This alleged conduct is in violation of Title VII of the Civil Rights Act of 1964 as well as the Pregnancy Discrimination Act of 1978.  As always, I would suggest employers use this announced settlement (and the following settlements) as a reminder of what types of conduct is in violation of federal law. Hawaii Medical Service Association to Pay...

Earlier this week, a Board Member of the Equal Employment Opportunity Commission (“EEOC”), Victoria Lipnic, announced she would not seek another term when hers expires July 1. Lipnic, one of the Republican Board Members, is currently in her second term with the EEOC.  As a result of her announcement, it is possible the EEOC will lose its quorum if a new nominee is not put forward soon.  (Recall that the EEOC has five Board Member positions.  The political party that has majority control, in this case Republicans, holds three seats; Democrats hold two seats.)  If there are less than three Board Members, the EEOC loses it quorum and in essence is extremely limited as to what it can do.  Currently, there are three EEOC Board Members:  two Republican appointed aboard Members and one Democratic appointed Board Member (with a quagmire of sorts to fill the other vacant Republican seat and vacant Democratic seat.) Readers might be wondering what happens...

I think I probably spent more time in airports on layovers this week than I did in my actual office.  Unfortunately, that is sometimes what happens when trials and mediations are set rather far apart, a few days in a row.  While that left me little time to comb through articles this week, I think the two articles I highlighted below are well worth a read. As always, below are a couple articles that caught my eye this week. A Primer On Statewide & Local Paid Sick Leave Laws in California For those employers and employees in California (or those simply looking for a bit of information on the laws in the state), I refer you to this primer which provides a concise overview of the statewide and local paid sick leave laws.  This PDF chart includes information on which employees are covered, how much paid leave is provided for, how the leave can be accrued, whether the leave rolls over, etc., etc.  Even for those that have a good handle on these paid sick ...

A few months ago, Barstool Sports and its founder, Dave Portnoy, came under fire after Portnoy tweeted several anti-union comments in regard to a possible unionization of the company .  (Barstool Sports is a sports and entertainment company with blogs, podcasts, and a short lived television show, among other ventures.)  In one of the tweets, Portnoy said he would fire any employee on the spot that talked to someone about unionizing the company. Portnoy’s tweets drew the attention of Democratic Representative Alexandria Ocasio-Cortez, who suggested that Portnoy had violated federal labor law by posting his anti-union tweets.  An unfair labor practices charge was subsequently filed with the National Labor Relations Board (“NLRB”) and things had been relatively quiet since that point.  However, it was recently reported that a settlement had been reached between the parties.  While the settlement did not include an acknowledgment that the company violate...

Waterman v. Paul G. White Interior Solutions - United States District Court, District of Maine Facts :  Jake Waterman (“Waterman”) worked for Paul G. White Interior Solutions (“White Interior Solutions”) as a floor finisher and installer beginning in August of 2015. Waterman’s father had several medical issues and in April of 2018, was instructed to return to the doctor for tests and treatment.  Waterman shared information about his father’s health condition with his supervisor and two coworkers.  Waterman missed work from April 9 to April 16 to help care for his father.  On April 9, Waterman left a voicemail for his supervisor, pursuant to company policy.  The next day, Waterman left a voicemail with a co-owner of White Interior Solutions, explaining his father’s condition.  Neither voicemail was responded to. On April 16, the co-owner sent Waterman a Facebook message to ask he were he was.  The next day, Waterman responded, indicating ...

I think one of the key developments in recent days has been the temporary halt of Assembly Bill 5 from applying to motor carriers.  While that development has dominated much of the (labor and employment law) news as of late, there are a few other noteworthy articles I came across this week that are worth highlighting. As always, below are a couple articles that caught my eye this week. Do Wages Mirror the Rising Stock Market? For those readers that invest in the stock market (be it through direct ownership of shares, mutual funds, ETFs, etc.) or have simply been following along with the prolonged bull market over the past few years, attention inevitably turns to whether wages are also keeping track with the rising stock market.  As Christopher Ingraham at The Washington Post writes, while the S&P 500 has risen approximately 42% since President Donald Trump came into office in January 2017, wages have only seen about a 9% increase over that same timeframe.  ...