The Majority Opinion: Legal Blog

Each state has a host of new employment and labor related laws that take effect in 2014. This series focuses on several new laws from around the country that are of particular interest.  In this instance, this note focuses on a new regulation that affects many San Francisco based employers. The Bay Area Commuter Benefits Program is a new regulation that impacts San Fransisco based employers with 50 or more full time employees.  These employers are required to offer commuter benefits to their employees, by way of one of four options: Allow employees to exclude their transit or vanpooling costs from taxable income consistent with Section 132(f) of the Internal Revenue Code; Provide a transit or vanpool subsidy to reduce or cover employees' monthly transit/vanpool costs; Provide a low-cost or free vanpool or bus service, operated by or for the employer; or Provide an alternative commuter benefit that would be as effective as the other options in reducing single-oc...

The Boeing Company - NLRB Facts :  There are two relevant factual situations upon which this decision turns.  The first:  In 2012, union employees took part in peaceful protests at several Boeing's facilities by wearing red shirts on Wednesdays and engaging in peaceful walks or marches to support the upcoming contract negotiations.  Boeing photographed hundreds of these employees who participated in the marches. The second:  Boeing had in place a policy in which employees were limited to the use of camera devices in the workplace.  If the employees wanted to use a camera device, they were required to show a valid business justification, had to get prior authorization, etc). These actions by Boeing were complained of as unfair labor violations of the National Labor Relations Act (Act). Holding :  The NLRB Administrative Law Judge held that Boeing's photographing the employees that marched amounted to a violation of the Act.  While ...

Ortiz v. Board of Education of City of Chicago - US District Court Northern District of Illinois, Eastern Division Facts :  David Ortiz was discharged from his job at a public school because he reported to work under the influence of alcohol.  By way of background, Ortiz was diagnosed with recurrent major depressive disorder.  However, he was apparently a satisfactory employee, although he may have taken mediation during his tenure with the school.  After expressing suicidal thoughts and being hospitalized and not coming to work between March 9, 2010 and April 1, 2010, Ortiz reported to work on Monday, April 5, 2010.  When Ortiz reported to work, he was "carrying one empty and three full cans of Mike's Hard Lemonade, along with raw meat."  The principal at the school had a breath alcohol test done on Ortiz which revealed a blood alcohol level of .198; fifteen minutes later Ortiz's level was .203.  After a dismissal hearing, the Board terminated ...

It has been a busy week in trial, so I have not had a chance to read through as much as I would have liked.  With that being said, I found a few articles on one of my favorite employment law topics:  Non-Compete Agreements.  Each article has a different insight and look at non-competes...something for everyone. The Wild Card in Non-Compete Cases: The Judge For those of us who are litigators, most, if not all cases eventually turn on who the judge is and how things play out before him or her in court.  One of the partners at my firm says the outcome of every case depends upon what the judge had for breakfast that morning...I could not agree more.  This is a good article on a non-compete case that an attorney had before a particular judge and that judge's reaction to whether the terms of the restrictions in the non-compete were "reasonable".   Before Signing That Non-Compete - Things To Keep in Mind! Non-compete agreements are one of...

Each state has a host of new employment and labor related laws that take effect in 2014.  This series focuses on several new laws from around the country that are of particular interest. West Virginia recently passed the Pregnant Workers' Fairness Act ("PWFA") which sets out additional protections for pregnant employees.  The statute makes it unlawful for employers to discriminate against a pregnant employee and also requires the employer to offer reasonable accommodations to pregnant employees, unless the accommodation would amount to an undue hardship.  However, unlike the ADA, the PWFA makes it unlawful for an employer to "require a job applicant or employee affected by pregnancy, childbirth, or related medical condition, to accept an accommodation that such applicant or employee chooses not to accept."  Interestingly enough, the statue fails to settle what happens when an employee rejects an accommodation and the employee and employer cannot agr...

Talbot v. Desert View Care Center - Supreme Court of Idaho Facts :  Talbot worked as a nurse at Desert View Care Center.  However, a Facebook post triggered his termination for violating the employer's social media policy.  In the post, Talbot stated that he didn't like some patients who made his work difficult and stated that these patients made him less motivated to answer their call light whenever they needed something.  After one of Talbot's Facebook friends, a nursing professor, reported the post to the employer and expressed concerns about resident safety, the employer fired Talbot and cited its social media policy.  Talbot sought unemployment benefits but his claim was denied because he was discharged for violating the company's policy.  Talbot appealed and the Appeals Examiner reversed the initial denial and found that Talbot had not been terminated for employment related misconduct.  The employer appealed and the decision was reversed...

There were some really good articles this week that I came across...granted I found quite a few Top *Name a Number* lists that I could not help passing up.  My favorite article though was for the HR readers out there.  Sometimes the most common sense and straight forward articles are the most beneficial! Checklist of 11 Things HR Can Do During the Summer This is a helpful article of 11 different things HR can do during the summer to knock out a few projects that always seem to never get done.  The list includes some common sense things such as updating the employee handbook and reviewing how potential employees are handled to more in depth projects like conducting an HR compliance audit.  Whatever the time of year, these is a handy checklist that HR pros should keep in mind. Employers Starting to Hire Less & Less Based Upon What They Find on Social Media The title says it all...as employers start to look more and more at the social media posts of p...