The Majority Opinion: Legal Blog

  Relatively speaking, this was somewhat of a slower week on the labor & employment law front.  Heading into the holiday weekend, I will keep this post short and to the point.  There are two articles I came across this week that I want to highlight for readers. As always, below are a couple articles that caught my eye this week. Some Current & Former NLRB Attorneys Praised Firing of NLRB’s General Counsel Reuters reported a few days ago that after President Joe Biden terminated Peter Robb, the National Labor Relations Board (“NLRB”) General Counsel , after Biden took office, some current and former NLRB attorneys praised the move.  As the article notes, these emails, which were obtained in response to a request under the Freedom of Information Act, show that a surprising number of NLRB staffers cheered the announcement.  Republicans and pro business groups have hailed Biden’s termination of Robb as an unprecedented power grab.  With the release of ...

  Beckley Oncology Associates, Inc. v. Abumasmah - Fourth Circuit Court of Appeals Facts :  After several months of negotiations, Beckley Oncology Associates, Inc. (“BOA”) recruited Dr. Rami Abumasmah (“Abumasmah”) to work for the company.  Upon being hired, BOA required Abumasmah to sign an employment agreement that included an arbitration provision required the parties to arbitrate “all disputes, controversies, and disagreements” in regard to the employment relationship.  The parties further agreed that any arbitration decision would be final and not subject to appeal. After a few years working at BOA, Abumasmah notified the company that he was needing to leave the country to care for his mother who lived in Jordan.  Prior to leaving, Abumasmah informed BOA that he did not expect to be paid while he was out of the country and offered to resign.  However, BOA proceeded to terminate Abumasmah on his last day.  Afterward, Abumasmah disputed his bonus p...

  As with many labor & employment law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on. The Louisiana House of Representatives is currently considering passage of the Fair Chance in Hiring Act (“Act”) which aims to provide workers in the state with a criminal history record with a fair chance at obtaining employment.  The Act would prohibit employers from asking about an applicant’s criminal history until after an offer of employment has been made.  Notably, the Act would also limit what an employer could consider (in regard to an applicant’s criminal history).  For instance, employers could not consider an arrest that did not result in conviction or one that was sealed, dismissed, set aside, expunged, or pardoned when a final hiring decision is made. These sort of ban the box measures are nothing new.  Whether the Act manage to clear the Louisiana Legislature remains to ...

  Belgada v. Hy’s Livery Service, Inc. - Hartford District Superior Court Facts :  Hy’s Livery Service, Inc. (“Hy’s”) is a limo company that employs limo drivers.  Hy’s has a written policy in place in regard to meal breaks.  The policy allows drivers a one hour unpaid lunch break but requires drivers to stay dressed in work clothes, monitor their phones, and requires drivers to not leave the limos unattended.  If a driver is called while on their lunch break, they are paid for their time.  However, the policy did not require drivers to watch the vehicles 24/7. A proposed class action was filed against Hy’s, arguing that drivers were entitled to pay for this time spent on their lunch breaks as they were “ready” for work.  Both sides filed motions for summary judgment. Holding :  The Court got straight to the point and recognized that when drivers went on their lunch break, they were completely relieved of duty.  Before the lunch break starte...

  This week was chock full of updates about hourly wage rates around the country.  Whether it be minimum wage legislation advancing past committee in Delaware, McDonald’s workers striking for higher wage rates, Rhode Island’s Governor signing a $15/hour minimum wage bill into law, or the Maine House of Representatives approving legislation to raise the wage rates for public school workers in the state, there is something here for everyone.  As always, below are a couple articles that caught my eye this week. Delaware House Committee Advances $15/Hour Minimum Wage Legislation Late last month, the Delaware House Economic Development Committee advanced SB 15 which would raise the hourly minimum wage rate in the state to $15/hour by 2025.  The  legislation would raise the state’s hourly minimum wage rate by $1/hour starting next year.  (Currently, the hourly minimum wage rate is $9.25.)  It is worth noting that the Committee, which is controlled by Democra...

  On April 21st, the Chicago City Council passed the Vaccine Anti-Retaliation Ordinance (“Ordinance”) which establishes protections for Chicago workers that take time off work to get their vaccine. The Ordinance requires employers in the city to allow workers to take time off to obtain their vaccine without retaliating against them in regard to their terms and conditions of employment.  Notably, this Ordinance applies regardless of whether the worker voluntarily chooses to get a vaccine or whether the employer requires it. It is important to recognize that the Ordinance does not require employers to pay workers for the time off to get the vaccine ( unless the employer mandates it .)  However, employers are required to allow workers to use any paid time off for time spent getting the vaccine during work hours.  With that being said, it is at a worker’s sole discretion whether or not to use paid time off to get the vaccine (as workers could instead simply choose not t...

  Bennett v. McDermott Int’l, Inc . - Fifth Circuit Court of Appeals Facts :  Kendrick Bennett and other similarly situated workers were employed by McDermott Int’l, Inc. (“McDermott”) under a contract in relation to a natural gas liquefaction facility in Louisiana.  As the worksite was remote, McDermott required these workers to drive to a park and ride location and then take an employer bus to the worksite.  Sometimes it would take hours for the workers to make the commute, whether it be because they had to wait on a bus or drive to another park and ride location to catch a bus with open seats.  Workers were prohibited from driving their own vehicles to the worksite.  Notably, the workers were not compensated for this time spent commuting even though they sometimes had to take work calls while on the bus and do work. Suit was brought against McDermott by these workers who alleged the company violated the Fair Labor Standards Act (“FLSA”) and Louisiana Wag...