The Majority Opinion: Legal Blog

To call this a bit of a smorgasbord of topics to close out 2022 is an understatement.  This week, we have articles ranging from a possible unionization at Trader Joe’s, to a closer look at the rise in employee whistleblowing, Krispy Kreme automation, and even the gender gap in paid parental leave.  So whether you are driving through the Rust Belt, picking something up at a gas station, or even staring at a dog in the back seat, there is something for everyone to help pass the time on an eighteen hour (more or less) road trip. As always, below are a couple articles that caught my eye this week. Workers At Louisville Trader Joe’s Move to Unionize Last Thursday, it was confirmed that workers at a Trader Joe’s in Louisville had taken one step closer to forming the third unionize store in the country.  Readers might recall that there have been two successful unionizations at Trader Joe’s, with one store in Minneapolis and another in Hadley, Massachusetts, voting to unionize ea...

Earlier this month, South Dakota Governor Kristi Noem proposed in a budget address that South Dakota would cover 100% of paid leave for state employees. Governor Noem went one step further and proposed $20 million in incentives, spread out over 4 years, to incentivize private employers to participate in the 100% of paid leave program.   For those wondering, according to the Governor, the cost to cover 100% of paid leave for state employees would cost $3 million/year.  With South Dakota apparently having a budget surplus, $3 million likely will not rock the boat too much here. It will be interesting to see how many lawmakers in the state rally around this portion of the Governor’s proposal.  Prior attempts to implement paid family leave in the South Dakota Legislature have come up short. For additional information:   https://www.keloland.com/keloland-com-original/gov-noem-includes-paid-family-leave-in-2023-budget/

Earlier this month, McDonald’s unveiled an automated location near Fort Worth, Texas that utilizes (or perhaps maximizes) automation for the first time to such a large extent. According to McDonald’s, customers can order their food ahead of time, go to the drive thru line, and have their food delivered out of a window by a machine.  (The below article has a Tik Tok video showing how this occurs).  Customers also have the option to go inside, order from a kiosk, and have their food prepared.  Reportedly, this location does have a few physical workers in place to help with certain orders. McDonald’s has identified this automated location as a test concept and intended to serve its customers on the go.  (Notably, the location does not have seats or tables.)  Critics have been quick to point out this is likely the first step by McDonald’s to cut back its labor force and phase out a large scale of its workers.  With rising labor costs around the country, this is...

Some readers might recall a prior attempt by Northwestern football players to unionize several years ago.  While that effort was struck down by the National Labor Relations Board, the matter has been simmering since that time.  As the below article from Sports Illustrated notes, things have taken a sudden change in recent weeks following an announcement that an advocacy group on behalf of college athletes had failed an unfair labor practice charge that the National Labor Relations Board is moving forward with, to the dismay of many. As always, below are a couple articles that caught my eye this week. OSHA Notes Several Violations at Amazon Warehouses Recently, the Occupational Safety and Health Administration (“OSHA”) had found several violations at six Amazon warehouses, noting a failure to properly record workplace injuries.  These violations came about following inspections earlier this year at several of the warehouses.  Now for those hoping/expecting severe pen...

Oh boy, take a seat for this one.  This past Monday, the Fifth Circuit Court of Appeals issued a ruling in which it held that the Biden Administration cannot lawfully require federal contractors to be vaccinated as a condition of getting a federal contract. Readers might recall that the Biden Administration had previously implemented such a policy in September of 2021 in its effort to curtail Covid.  The argument followed that by requiring federal contractors to be vaccinated, it would further reduce the number of people vulnerable to Covid.  When the policy went into place, there was considerable push back from many who opposed the vaccine mandate, namely on the grounds that it exceeded any authority a President has to issue such mandates.  Nevertheless, the policy went into place with lawsuits challenging its validity being filed not long thereafter. Earlier this year, the Eleventh Circuit Court of Appeals issued a similar ruling.  Monday’s 2 - 1 ruling by the...

Earlier this week, Congress announced (some) details of the proposed budget it intended to pass.   Readers might have heard some rumblings about the size of the omnibus bill (which provides for the breakdown of the proposed budget), clocking in at 4,155 pages and some concerns about how quickly it is being rushed to a vote.  While I refer readers elsewhere for a discussion on defense spending, money for the IRS, and other related budget issues, I do want to make note of how much is carved out for the National Labor Relations Board (“NLRB”)…or perhaps not carved out…for fiscal year 2023. While the Biden Administration had previously requested $319 million and House and Senate budget panels had proposed $319.4 million in recent months, the omnibus bill falls a bit short.  As currently written, the NLRB would be provided with a budget of $299 million.  The money budgeted toward the NLRB would help the agency investigate unfair labor practices, enforce labor laws, and ge...

Shorter week working to wrap up things before the end of the year left me with little time to read through articles this week.  With that being said, there were a few articles worth highlighting. As always, below are a couple articles that caught my eye this week.  One Year Later: Where the Unionization Effort at Starbucks Stands Ah yes, the unionization of various Starbucks locations around the country…which has been an evergreen story of sorts (given the relatively widespread success over the past twelve months.)  I refer readers to this article from Amelia Lucas which provides a great breakdown of the unionization effort along with an easy to reference map of successful and unsuccessful unionization at the stores. Additional Congressional Staff Votes to Unionize Recently, the Congressional staff of Congressman Ted Lieu unanimously voted to unionize, marking yet another group of Hill staffers that have unionized in the past few months.  Readers might recall that C...