The Majority Opinion: Legal Blog

  Earlier this month, the EEOC published a proposed rule which would give employers guidance on how to operate wellness programs that consistent with the Americans with Disabilities Act ("ADA").  These proposed rules are paramount in that they would give employers guidelines on how to operate the wellness programs without running into interference with the ADA.  This is very important, given the EEOC's tendency to pursue employers recently for alleged ADA violations in regard to employer wellness programs. At this point, the comment period is open until June 19 for comments as to this proposed rule. EEOC Press Release:  http://eeoc.gov/eeoc/newsroom/release/4-16-15.cfm

Prewitt v. Walgreens - United States District Court for the Eastern District of Pennsylvania Facts :  In 2006, Rodney Prewitt ("Prewitt") was hired by Walgreens as a full time pharmacist.  At the time he was hired, Prewitt was 57.  In 2009, Walgreens began offering flu vaccines at Prewitt's store.  However, Prewitt was morally opposed to administering the flu vaccine because of a friend who died after receiving the vaccine.  After he voiced his concerns, Prewitt was permitted to not administer the vaccines.  However, in 2010, Walgreens changed its policy and required all pharmacists become certified to immunize and perform flu immuniations.  Prewitt again voiced his objections but signed up for the required certification course.  Of note, Prewitt was the only pharmacist employed in Pennsylvania who objected to immunizing. The District Pharmacy Supervisor believed Prewitt's objections were sincere and offered Prewitt different work sched...

As with many labor and employment law related cases and bills being debated around the country, there are always a few that stand out.  This is one to keep an eye on.   California bill SB 3 proposes to raise the minimum wage to $11 per hour by January 1, 2016 and to $13 by July 1, 2017.  When you look at this bill, it could potentially raise California's minimum wage by over 40% over the next two years.  Note, California minimum wage currently sits at $9 per hour.  The bill further provides additional, automatic wage increases based on future increases in inflation beginning January 1, 2019 and then again every January 1 thereafter.  For those keeping track, a similar bill was introduced last year which would have increased the minimum wage to $11 in 2015 and an additional $1 for the next two years.  That bill did not become law.  Given the highlighted focus recently in regard to minimum wage increases (and California's a...

Recently, Illinois Governor Bruce Rauner has proposed Right to Work "zones" in the state in which voters and local communities could decide whether or not employees should be forced to join a union as a condition of employment.  Of course, this follows on the heels of the Governor's Executive Order in regard to "fair share" union dues ( Unions Sue to Halt Fair Share Executive Order ).   For those keeping track, 25 states have passed Right to Work legislation.  Unlike those states where Right to Work legislation impacts all workers in the state, these proposed Right to Work zones would mean that depending on what city/county a worker is in could determine whether the Right to Work Act applied.   Some readers might question why the Governor would not attempt to make this a statewide law.  For those not as familiar with Illinois politics, the state tends to lean Democratic (notwithstanding the fact that the state elected Republican Governor Rauner.....

Finally have a few days back in the office where I was not on the road as much for work.  Given that extra time, I have had an opportunity to read through a few more articles than I had time for last week.  One of my favorites this week was the article on the illegal practice of docking the pay of a salaried, exempt employee.  As always, below are a few articles that caught my eye this week. California Bill Advances: Cheerleaders to Be Paid Minimum Wage? Earlier this year, I wrote an article about a California Congresswoman, Lorena Gonzalez, who introduced AB 202 in the California legislature which would require NBA and NFL cheerleaders to be paid minimum wage.  California's Committee on Labor and Employment recently approved the bill which will now proceed along for further debate before the bill could become a law.  This is one to keep an eye on. Docking Pay from Salaried, Exempt Employees This was one of the better articles I came acro...

Symphony Diagnostic Services No. 1. Inc. d/b/a MobileEx USA v. Greenbaum - U.S. District Court for the Western District of Missouri, Central Division Facts :  Kimberly Greenbaum ("Greenbaum") began working as a mobile x-ray technician for Ozark Mobile.  Greenbaum subsequently executed a covenant not to compete with Ozark that contained a term of two years and a one hundred mile radius of a particular area.  Another employee, Josephine Tabanag ("Tabanag") began working for Ozark as a mobile x-ray technician and signed a similar covenant not to compete when she began employment.  Several years later, Ozark was sold to MobileX USA.  Both Greenbaum and Tabanag were offered positions with MobileX.  However, at the time of sale, Greenbaum and Tabanag did not contemporaneously consent to the assignment of their covenants not to compete.  Shortly after the sale of Ozark, both Greenbaum and Tabanag accepted positions at Biotech X-ray.   ...

Earlier this month, OSHA announced that was seeking input on how to improve worker safety in the communications tower industry.  As OSHA noted, 2013 was a deadly year for workers in this field as 13 communication tower worker deaths were recorded.  2014 saw another 12 communication tower worker deaths result as well.  Given these high death tolls, it is unsurprising that OSHA is seeking ways to make the work safer for these employees.  At this point, OSHA is seeking comments, up until June 15. A link to the OSHA request:  https://www.federalregister.gov/articles/2015/04/15/2015-08633/communication-tower-safety