The Majority Opinion: Legal Blog

  As with many labor & employment law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on. A recent case out of the Seventh Circuit caught my eye as it turns on whether WalMart provided a reasonable accommodation to a disabled employee.  In the case, Paul Reina (“Reina”), worked at WalMart as a cart attendant but was limited due to his severe cognitive delay and legal blindness.  While Reina could physically push carts, he could not steer them.  As well, he was unable to attend to motorized carts and could not response to basic customer service questions.  WalMart chose to hire a job coach for Reina who helped Reina steer the carts, operate the motorized carts, and answer customer questions. Following a new manager being hired, it was determined that the job coach assisting Reina should no longer continue.  The Equal Employment Opportunity Commission (“EEOC”) subsequent...

  Late Friday, a federal judge issued a temporary injunction to block the requirement that all New York City school employees have at least one dose of the coronavirus vaccine by today, September 27th, or risk being terminated. Unions representing the New York City school employees have stated that while they support vaccines, it should not be a condition of employment.  While apparently 85% of New York City school employees have already received one vaccine, it was estimated that if the “get vaccinated or get terminated” policy went into place today, that could leave schools in the city short approximately 10,000 teachers and workers. Of course, I caution readers that an injunction is not a final ruling on the matter.  Rather, an injunction serves to keep things status quo.  Consequently, while New York City school employees are not required to have at least one dose of the vaccine or risk termination, that is not to say the requirement will not be reinstated once t...

It is not every day that I wake up to an email from a regular reader of the blog with a tip about a recent employment law development.  With that being said, Tuesday morning I had an article sent my way that is well worth highlighting this week.   With Sam’s Club boosting hourly pay rates recently , it certainly seems like WalMart might be following suit shortly as big box retailers fight to attract (and retain) workers. As always, below are a couple articles that caught my eye this week. Amazon v WalMart: The Fight To Staff a Workforce At this point, we are only a few short weeks away from the holding holiday season.  As a result, many large scale employers such as Amazon and WalMart are ramping up efforts to staff open positions with Amazon seeking to add an additional 55,000 workers and WalMart an additional 20,000.  With a tight labor market and workers in high demand, that means employers are fighting to attract and retain workers.  In doing so, Amazon has...

  Earlier this month, it was reported that Amazon was urging its contractors (that supply delivery drivers) to no longer screen its drivers for marijuana. Readers are likely aware that there is a labor shortage in certain industries.  It is also no secret that the legalization of marijuana is a hot button issue with many states having already legalized it (for medical and/or recreational use.)  With the upcoming holiday season, that labor shortage is likely to ratchet up as employers fight to staff open positions.  As this article notes, Amazon is taking steps to ensure proper staffing for its delivery vehicles by urging its contractors to no longer screen applicants or workers for marijuana.  With many large scale employers fighting for an increasingly smaller pool of workers, this step by Amazon is one additional effort to not weed out potential workers. Now whether or not these contractors will follow Amazon’s “instructions” remains to be seen.  Stay tun...

  Recently, Orange County, FL announced that it would institute a ban the box measure for applicants applying for a government job. Currently, Orange County government jobs have a box on the application that asks applicants to acknowledge whether they have ever been convicted or plead no contest to a first degree misdemeanor or felony.  Bear in mind, this law will not apply to private employers in the county.  Rather, only applicants that apply for a government job cannot be asked about their criminal history.  It is expected this new law will go into effect next month. For additional information:   https://www.wmfe.org/orange-county-moves-to-ban-the-box/189972

A few days ago, I was talking with a regular reader of The Majority Opinion about the ongoing Great Resignation.  (For those unfamiliar with the term, this is in reference to the wave of employees leaving their current positions, due in part to the ongoing trudge of the coronavirus pandemic and the headaches that has added to the job.)  I came across an article from Forbes  that I wanted to lead things of this week, as the article has a few ideas on what employers can do to navigate the Great Resignation and come through it all rather unscathed and with a full (or relatively full) workforce. As always, below are a couple articles that caught my eye this week. Lessons Employers Can Learn From the Great Resignation Tell me if you have heard this recently:  It is an employee friendly job market…a very, very employee friendly job market.  This article from Forbes takes note of the ongoing Great Resignation and what employers can do to ride out the storm.  For...

  Democrats in Kentucky are again preparing legislation to raise the hourly minimum wage rate in the state from its current rate of $7.25/hour up to $15/hour by 2026. The legislation, being prepared by Democratic Senators Reggie Thomas and Morgan McGarvey, would gradually raise the hourly wage rate in the state to $15/hour by 2026.  However, this would be the fourth attempt by Democrats in Kentucky to raise the hourly wage rate after prior attempts faltered in the Republican controlled Legislature.  Will this attempt be any different?  The short answer is likely no, unless Democrats can get enough Republicans to support the effort.  As of this writing, that looks unlikely…however things could certainly change once the legislation is introduced and starts working its way through the Kentucky Legislature. This is one to keep an eye on going forward. For additional information:   https://www.wdrb.com/news/kentucky-bill-would-raise-minimum-wage/article_affe2a12...