The Majority Opinion: Legal Blog

  Apologies for those wanting to talk about GameStop or AMC stocks this week.  Having a discussion on shorting stocks, floats, and squeeze plays is better served for Reddit, Discord, or whatever other form of stock discussion your prefer.  This week I read through some thought provoking articles.  One in particular that caught my eye dealt with employers giving their employees a set amount of “free time” (or autonomy time”) each week to work on projects of their own choosing.  As the below article points out, this might have a lasting positive impact for both employers and employees alike. As always, below are a couple articles that caught my eye this week. Autonomy Programs Have Worked At Big Tech...Why Not Try Elsewhere? Autonomy programs have been in place at several big tech companies for years, including 3M, Google, FaceBook, LinkedIn, and Apple, among others.  While these autonomy programs differ a bit from each employer, they generally allow employee...

  Back in November, Florida voters (narrowly) approved Amendment 2 , a ballot proposal that will raise the hourly minimum wage rate in the state to $10/hour by September 30th and then subsequent annual increases to eventually raise wage rates to $15/hour by 2026.  Only a few short months after Amendment 2 was approved, legislation is being worked on to reign in who all would qualify for that wage hike. Earlier this week, Florida Senate Judiciary Chairman Jeff Brandes filed a proposal that would modify Amendment 2 to provide a reduced wage hike for workers under 21 years old, those who have been convicted of felonies, for state prisoners, and for “other hard to hire employees.”  Interestingly, the proposal from Brandes does not currently define who exactly is a “hard to hire” person. The legislation will be taken up when the Florida Legislature starts on March 2nd.  Should the legislation pass, however, it would not immediately take effect.  Rather, like Amendmen...

  Earlier this month, Washington, D.C. Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (“Act”) into law which will put into place one of the most expansive bans on non compete agreements anywhere in the country. In principal part, the Act prohibits non compete agreements in D.C. subject only to a few narrow exceptions and does not apply to prior non compete agreements entered into before the Act takes effect.  Notwithstanding those exceptions, the Act is far reaching.   The Act is somewhat unique in that it not only ban employers from prohibiting employees from working for competitors after employment ends...but also simultaneous employment.  In essence, employers are no longer allowed to prohibit their employees from taking another job with a competitor or moonlighting. Mayor Bowser’s signing of the legislation comes on the heels of the D.C. Council approving the measure back in December.  I do want to point out that while May...

  On January 7th, the Equal Employment Opportunity Commission (“EEOC”) released its proposed rules for employer wellness program incentives which could provide employers and employees a framework to consider going forward. For the purposes of the EEOC’s proposed rules, this applies to employer wellness programs where employers encourage their employees to take part in a workout routine, join a gym, lose weight, run a race, etc.  The proposed rules from the EEOC clarifies the scope of incentives that an employer can offer its employees without running afoul of the Americans with Disabilities Act (“ADA”) or the Genetic Information Nondiscrimination Act (“GINA”). Under the proposed rules, an employer would be allowed to offer its employees only a de minimis incentive for participating in a wellness program.  De minimis incentives that would be permissible include incentives such as a water bottle or gift card of modest value.  However, paying an employee’s guy membershi...

  Apologies to those expecting a post talking about more nuanced labor & employment law topics without a touch of politics.  With this week being the inauguration and the incoming administration already taking action with the termination of the National Labor Relations Board’s General Counsel Wednesday evening, there are a couple related topics that are highly relevant to close out the week.  While the last article is not necessarily “President Biden” specific, I wanted to highlight the article to provide readers a bit of food for thought. As always, below are a couple articles that caught my eye this week. Biden Administration’s Potential $15/Hour Minimum Wage Hike & the Ramifications On the heels of Joe Biden getting sworn in on Wednesday, there are already talks over a potential federal minimum wage hike to $15/hour.  With Democrats controlling both the House and Senate, it is likely (if not probable) that we will see a minimum wage bill headed to Presiden...

  On his first day on the job, President Joe Biden unexpectedly demanded the resignation of National Labor Relations Board (“NLRB”) General Counsel, Peter Robb, by 5 PM yesterday evening or face termination.  After Robb refused to resign, he was summarily terminated. This request, coming from an incoming President, that Robb resign or be terminated is rather unprecedented.  Traditionally, the NLRB’s General Counsel completes their four year term before being replaced by a new administration.  (In fact, both President Trump and President Obama allowed the incumbent NLRB General Counsel to remain in the role until their terms ended.)  Robb, who still had another ten months left of his four year term did not enjoy that privilege. This termination is worth noting as President Biden has fired the first shot across the bow by indicating he intends to play hardball and reshape an employer friendly NLRB.  Leading up to yesterday’s inauguration, labor unions had bee...

  Medic Ambulance Services, Inc. - NLRB Facts :  Medic Ambulance Services, Inc. (“Medic”) had a handbook in place for its employees which included restrictions on its employees using social media, non-solicitation and non-distribution provisions, as well as a prohibition on conducting personal business on company time.  An unfair labor practice charge was filed against Medic on the grounds that the handbook violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by restricting protected, concerted activity. An Administrative Law Judge (“ALJ”) found these three portions of Medic’s handbook to be unlawful.  The National Labor Relations Board (“NLRB”) was thereafter asked to weigh in on the matter. Analysis :  The NLRB made quick work of the ALJ’s decision.  In relevant part, the NLRB considered the three parts of Medic’s handbook in order: Social Media Policy Medic’s social media policy prohibited inappropriate communications, disclosure of con...