The Majority Opinion: Legal Blog

I found myself short on time this week with several work trips, but I did manage to come across a few good updates (in regard to right to work and minimum wage).  In particular, I call attention to a Court of Appeals decision from earlier this week.  That case is one to keep an eye on going forward. As always, below are a couple articles that caught my eye this week. A Closer Look at the Unique Nature of the Upcoming Rught to Work Vote in Missouri As I have covered over the past few months, this August, voters in Missouri will have an opportunity to cast their vote in regard to whether the Missouri Legislature’s passage of a statewide tight to work law will remain in place.   Brian Hausworth at Missourinet notes that this upcoming vote is on an actual referendum, something that has not occurred in the state in more than 35 years.  Hausworth does a good job summarizing the right to work fight up until this point, and notes the poor performance of refer...

Rodriguez v. Taco Bell - Ninth Circuit Court of Appeals Facts :  Bernardina Rodriguez ("Rodriguez") worked at Taco Bell.  During her employment, she had a 30 minute meal break and had the voluntary option to purchase a meal at a discount, provided the meal was eaten at the restaurant.  Taco Bell implemented this policy to prevent theft.  Rodriguez proceeded to file a putative class action against Taco Bell on the grounds that she was entitled to paid for the time spent on the premises eating the discounted meal during meal breaks.  Rodriguez argued that since Taco Bell requited the discounted meal to be eaten at the restaurant, she was under "sufficient employer control" to render this time compemsable. The district court ruled in favor of Taco Bell on the grounds that the employees were free to use the 30 minute break however they wanted and were only subject to the restriction to stay on premises if they voluntarily chose to purchase a discounted me...

This morning, the House Committee on Education and the Workforce is set to hold another hearing on the Workflex in the 21st Century Act (H.R. 4219 (115)).  Readers might recall that last year, I highlighted this bill , sponsored by California Republican Representative Mimi Walters (and co-sponsored by Washington Republican Representative Cathy McMorris Rodgers and New York Republican Representative Elise Stefanik).  For those needing a refresher, the Act would exempt companies from state and local paid leave laws if these companies met minimum federal paid leave standards and flexible work requirements.  This bill is considered a "first of its kind" in so much that it would combine guaranteed paid leave and increased workplace flexibility under one piece of legislation. As for the specifics of the paid leave portion of the bill: Paid leave would be extended to all full time and part time employees. Employees could accrue leave over the course of a plan year o...

Recently, the New York State Labor Review Board made a ruling and determined that three former Uber drivers were actually employees, rather than independent contractors, for unemployment insurance purposes.  (Perhaps most importantly, this ruling applies to those three drivers and "similarly situated" drivers). For those that have been following the ongoing fight in the "gig economy" in regard to whether these workers are actually employees or independent contractors (as they have mainly been classified), this ruling could mark a major turning point in this struggle. The question now turns to what Uber (and other related gig economy companies) will do.  Uber's official statement so far is that it disagrees with the ruling and is reviewing its options to determine how to proceed.  If Uber chooses to contest the New York State Labor Review Board's ruling, it will have to do so in court. Should this ruling remain in place and Uber decide to abide by...

Paid family leave has been a major talking point among both Republicans and Democrats in Congress for some time.  With one of President Donald Trump's daughters, Ivanka Trump, bringing more awareness to the matter, members of Congress have started to give paid family leave more attention.  As a result of a few developments on the national (and local) stage in regard to paid family leave, I think it is appropriate to dedicate this post solely to that topic. As always, below are a couple articles that caught my eye this week. A Closer Look At The Two Major Paid Leave Proposals After last week's Congressional hearing on paid family leave, The Huffington Post published an article that laid out some of the strengths (and weaknesses) of the two major paid family leave proposals that have been supported by Republicans and Democrats in Congress.  As further explained in another article, below, New York Senator Kirsten Gillibrand has proposed a paid family leave propo...

Let us file this one under the "unsurprising" category.  Yesterday, the Department of Labor formally rescinded the 'Persuader Rule', marking yet another blow over the past few weeks for labor unions .  The Persuader Rule, introduced in 2016 during President Barack Obama's administration , would have required employers or consultants to disclose any money paid for legal services when those services included "indirect persuasion" activities, including advice on what is to be said to employees in connection with a union organization campaign, as well as communications about the status of collective bargaining and contract proposals with rank and file employees. Supporters of the Rule argued that its implementation was necessary in order to make union organization and elections more transparent.  (Of course, supporters of this Rule operated under the assumption that employers were engaging in underhanded and somewhat nefarious tactics to counter the g...

Last Friday, two Michigan business groups filed challenges with the Secretary of State in an effort to oppose ballot measures that would raise the state's minimum wage rate and mandate paid sick leave.  At this point, irrespective of these challenges made to the ballot measures, voters in the state appear likely to be able to vote on the matters this November.  (However, the State Elections Bureau is currently conducting a review of the petitions and will present a recommendation later this month on the viability of either ballot measure making it before voters in November). Minimum Wage Ballot Measure A hospitality industry group, Michigan Opportunity, is opposing efforts by Michigan One Fair Wage committee to raise the state's minimum wage rate from $9.25/hour up to $12/hour by 2022.  Increased after 2022 would be tied to inflation.  Taking it one step further, this ballot initiative would phase out the tipped minimum wage rate by 2024. One...