The Majority Opinion: Legal Blog

This past week, I came across several articles that dealt with "right to work" legislation in states across the country.  For those needing a refresher, right to work laws prohibit labor unions from collecting fees to pay for the negotiation and administration of collective bargaining agreements from workers who benefit from these agreements, but are not part of the union.  It should not come as much of a surprise that Democrats traditionally oppose these laws while Republicans tend to push for their passage.  But as for this week, having read several articles on the topic, I think it is appropriate to dedicate this post to right to work matters. As always, below are a couple articles that caught my eye this week. Could New Hampshire Become the Next Right to Work State? As The New Hampshire Union Leader writes, New Hampshire is poised to become the next right to work state, now that Republicans control both legislative chambers and the governor's office. ...

Last week, Ohio Governor John Kasich signed into law Senate Bill 331 which prevents cities in the state of Ohio from raising their minimum wage rates above the state's minimum wage rate (currently set at $8.10/hour, but going up to $8.15/hour next year).  There had previously been much back and forth on the matter with Cleveland attempting to raise minimum wage rates in the city to $15/hour. Readers might remember that opponents to the minimum wage hike in Cleveland (above the state's minimum wage rate) argued that it violated the state's constitution.  In fact, back in July, Ohio Attorney General Mike DeWine issued an advisory opinion in which he concurred with this interpretation of the state's constitution and argued that cities and municipalities in the state that sought to set higher minimum wage rates should not be allowed . For the time being, this puts the matter to rest.  However, it would not surprise me if proponents of a higher minimum wage rate tak...

Non-compete agreements have become one of the emerging employment law topics as of late, as I have started to come across more and more articles on the matter.  In fact, an in depth analysis of a Nevada Supreme Court case from earlier this year was especially thought provoking and one that lead me to want to dedicate this post solely to this topic.  Even for the casual reader who does not come across non-competes often, there are a couple articles here that I think are worth a review. As always, below are a couple articles that caught my eye this week. Jimmy John's to Pay Illinois AG $100,000 Over Use of Non-Competes for Hourly Employees Samantha Bomkampt at The Chicago Tribune wrote an article earlier this month in regard to Jimmy John's agreeing to pay $100,000 and notify all current and former employees that it would not enforce their non-compete agreements.  Readers might remember that controversy had arisen last year when it became known that Jimmy John'...

Yesterday, a Maricopa County Superior Court judge heard arguments in regard to a legal challenge that seeks to halt implementation of a minimum wage hike in the state that was approved by voters this past November.  Under the approved measure, Proposition 206, the minimum wage rate (currently at $8.05/hour) will rise to $10/hour and then ultimately $12/hour by 2020. For those who have not been following the matter, last week, the Arizona Chamber of Commerce filed suit to challenge the higher minimum wage rate.  The Chamber, joined by a few other pro-business groups, argued that the minimum wage hike violated the state's constitution because it failed to identify a funding source for its budget implications. For those who support a higher minimum wage rate in the state, I would not necessarily call this lawsuit disheartening.  Last Friday, a request to immediately block the minimum wage hike was rejected.  As a result, hearings were set on the matter for t...

Berger v. National Collegiate Athletic Association - Seventh Circuit Court of Appeals Facts :  Gillian Berger ("Berger") and Taylor Hennig ("Hennig") were former students at the University of Pennsylvania ("Penn") and participated in the women's track and filed team.  Berger and Hennig sued Penn, the NCAA, and more than 120 other NCAA Division 1 member schools on the grounds that student athletes are "employees" under the Fair Labor Standards Act ("FLSA") and therefore entitled to a minimum wage.  The District Court granted a motion to dismiss filed by the schools and the NCAA on the grounds that Berger and Hennig lacked standing to sue and no valid claim was stated against Penn because student athletes are not "employees" as defined by the FLSA. Berger and Hennig subsequently appealed to the Seventh Circuit Court of Appeals. Holding :  The Court of Appeals first turned to whether Berger and Hennig had standi...

Mayhew v. Hermitage Club, LLC - United States District Court, District of Vermont Facts :  Effie Mayhew ("Mayhew") worked as a grounds keeper for the Hermitage Club ("Hermitage").  In her position at Hermitage, Mayhew took an interest in the company's horses but observed a deficiency in the horse's care.  In particular, the horses' hooves were overgrown and cracked, their manes were matted and unkempt, and their legs appeared to be infected.  Mayhew shared these concerns with Benjamin Fritz, a supervisor.  Mayhew took her concerns to Hermitage's management and was told the Club was interested in opening an equestrian center.  Mayhew was encouraged by Fritz and other supervisors to help develop a business plan to make a profitable use out of the horses. Mayhew alerted Fritz to her concerns that poisonous plants apparently were growing in one of the horses' pastrues.  She told Fritz that if he disregarded her concerns and the horses were...

Difficult to narrow things down this week, but I think it is appropriate to lead this one off with a note about President-Elect Donald Trump's nominee for Labor Secretary.  To the surprise of few, 'pro-employer' groups have cheered the news while labor unions have been quick to oppose.  Given that Republicans control Congress (and this nominee likely will not produce as much of a fight as say the nominee for Secretary of State or Attorney General), I think it is safe to assume Andrew Puzder will likely be confirmed.  For those who might have thought Tom Perez, the current Labor Secretary, was too 'union friendly', Puzder will likely be a breath of fresh air. As always, below are several articles that caught my eye this week. A Closer Look at Andrew Puzder, Labor Secretary Nominee Recently, President-Elect Donald Trump announced that he would nominate Andrew Puzder to serve as Labor Secretary in his administration.  For those unfamiliar with Puzder, Th...