The Majority Opinion: Legal Blog

Hazard pay has been a recurring topic over the past year .   Readers will recall reading about developments on that front a few times .  A recent article from Politico provides a bit of an update on the matter but although there is a bit of a silver lining...some employers are feeling the pinch.  That particular article is worth leading things off this week. As always, below are a couple articles that caught my eye this week. Long Beach’s Hazard Pay For Grocery Workers Spurs Others to Follow Suit Alexander Nieves over at Politico wrote a recent article in which he recognized that following the Long Beach City Council approving an additional $4/hour in pay for grocery workers back in January, 37 other cities and counties followed suit and approved additional pay (in the $4 - $5/hour range) for grocery and front line retail workers.  While the article notes that this has proven to be a success (in drawing in and retaining workers), there is also a wary nod to the fa...

  Today, President Joe Biden is expected to announce that all federal employees and contractors will be required to get the coronavirus vaccine or alternatively submit to mandatory testing and other mitigation efforts. Readers might recall that the Equal Employment Opportunity Commission (“EEOC”) had previously stated that employers that require coronavirus vaccinations is a lawful condition of employment.  The EEOC went one step further and stated that an employee could be fired for refusing to get the coronavirus vaccine.  ( In fact, we recently saw a case where a judge threw out a lawsuit in which employees sued their former employer after they were terminated for refusing to get the vaccine .  According to the judge in that case, these employees had no actionable cause of action against their former employer.)  Other employers, such as New York City, have recently announced a requirement that all workers for the City be vaccinated as a condition of employmen...

  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. Some readers might be diligently watching the Olympics every evening (or morning, depending upon your schedule).  As a bit of a tie in with the Olympic events, a recent piece of legislation was introduced in the U.S. Congress by Senators Maria Cantwell and Shelly Moore Capito which seeks to obtain equal pay for all members of the U.S. Olympic team. The legislation, aptly named the Equal Pay for Team USA Act, would ensure equal pay for all U.S. athletes that compete in international sporting events, regardless of gender.  The legislation further stipulates that all athletes would be entitled to equal medical care, travel budgets, and reimbursement of expenses. Readers might recall that the U.S. Women’s National Soccer Team has been the “poster child” for the equal pay fight among athletes in rece...

  Yesterday, President Joe Biden spoke at an event at the Rose Garden, marking 31 years since the Americans with Disabilities Act (“ADA”), in which he pushed for those suffering long term symptoms as a result of the coronavirus to be protected by the ADA. As readers might know, the ADA prohibits discrimination against those workers that are considered to be “disabled” (as defined by the ADA) and requires certain reasonable accommodations for these workers.  As President Biden remarked, some people who contract the coronavirus end up with long term side effects, many of which are still being discovered.  Consequently, President Biden urged for these workers that experience long term side effects following contracting the coronavirus to be covered under the ADA. It is worth noting that no specifics were given by President Biden (or the White House) following yesterday’s remarks about how the ADA would be amended, but I would expect specifics to follow in the coming weeks or...

  On July 21st, the Colorado Department of Labor and Employment (“CDLE”) issued a revised Interpretative Notice & Formal Opinion #9 in regard to covered employers under the Colorado Equal Pay for Equal Work Act, Part 2 (“EPEWA”). Under Formal Opinion #9, the CDLE stipulated that covered employers will now have to post wage and benefit information for all covered promotional opportunities and job openings.  Of note, this applies to remote jobs that can be performed anywhere.  However, one carve out is this does not apply to work that is specifically tied to a non Colorado worksite. I would suggest Colorado employers review Formal Opinion #9 for further information and guidance on how the CDLE is now interpreting the EPEWA. For additional information:   https://cdle.colorado.gov/sites/cdle/files/INFO%20%239%20Equal%20Pay%20Transparency%20Rules%20%28revised%207-21-21%29.pdf

  If readers are looking for a key takeaway/development from this week, I call your attention to the confirmation of President Joe Biden’s nominee to serve as General Counsel to the National Labor Relations Board.  While I would not necessarily call the confirmation a surprise, the close confirmation vote further solidifies a divided Congress (and the intent of Democrats to revamp the NLRB in a much more labor friendly version.) As always, below are a couple articles that caught my eye this week. Park City Ski Resorts Hiking Minimum Wage Rates Stop me if you have heard this before:  There is a growing labor shortage nationwide, especially among blue collar and hourly positions.  This article from The Park Record notes that several ski resorts in the Park City area are hiking hourly minimum wage rates to $15/hour in an effort to ensure proper staffing heading into the upcoming ski season.  It should come as no surprise that tourist/resort areas like Park City ro...

  Today, the Senate Committee on Health, Education, Labor & Pensions will hold a hearing on the Protecting the Right to Organize Act (“the PRO Act”), an extremely labor friendly bill working its way through Congress. For those unfamiliar with the PRO Act, it is an expansive piece of legislation which serves as a “wish list” of sorts for Democrats and organized labor.  In relevant part, the PRO Act would outlaw right to work laws currently in place in over half the country and make it easier for workers to unionize, among other lofty labor friendly proposals. However, with the PRO Act stalling a bit in Congress, there has been increased speculation that Democrats will add the PRO Act to the proposed $3.5 trillion infrastructure bill which only requires 50 votes to be approved.  (As a stand-alone bill, the PRO Act is subject to a filibuster and a necessary 60 vote majority for passage...neither of which Democrats can overcome.) The hearing taking place today is one more...