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California Bans the Box, Twice: Establishing Disparate Impact with General Statistics (Part II)

Published January 17th, 2018 -

In addition to adopting a new “Ban the Box” statute, California also recently issued innovative regulations applying general employment discrimination law principles to criminal record screening. The previous post provided some background and discussed how the regulations introduce a “bright-line” approach to when criminal screens are unjustified. This post turns to another innovation, one of fund... More »

Today’s News & Commentary — January 17, 2018

Published January 17th, 2018 -

In “The Case for Letting Uber Drivers Organize,” Samuel Estreicher argues that the 1914 Clayton Act allows rideshare drivers to organize without violating antitrust law.  In the Clayton Act, Congress exempted workers from antitrust principles.  Congress specified, “the labor of a human being is not an article in commerce.”  While there has been legal controversy over whether rideshare drivers qual... More »

Agency Fees and the Earmarking Doctrine

Published January 16th, 2018 -

Wes Turner is a J.D. candidate at Washington University School of Law. In the upcoming case Janus v. AFSCME, the Supreme Court appears poised to hold that agency fees in the public sector violate the First Amendment. The argument runs, in short, that an automatic deduction from an employee’s pay check to their union represents the government compelling the employee’s speech. As Professor Benjamin ... More »

California Bans the Box, Twice: Bright-Line Limits on Justifying Criminal Record Screens (Part I)

Published January 16th, 2018 -

On January 1, California’s new “Ban the Box” law took effect. Although California is known for its progressive labor policies, it also has a dismal history of racialized mass incarceration, making this development especially important. The new law fits squarely within the wave of “Fair Chance Hiring” policies steadily advancing in states and localities nationwide, coupling bright-line rules agains... More »

Today’s News & Commentary — January 16, 2018

Published January 16th, 2018 -

The Department of Labor released new guidance that makes it easier for companies to hire unpaid interns.  As we discussed here, the dividing line between ‘employee’ and ‘intern’ has been contested.  Finding Obama-era DOL guidance too strict, the Second Circuit in 2016 created a ‘primary beneficiary’ test for analyzing the worker-employer relationship: where the worker benefits more, the worker is ... More »

Today’s News & Commentary — January 15, 2018

Published January 15th, 2018 -

Congress will need to pass a stopgap spending measure to avoid a government shutdown next Saturday.  Democrats are seeking to use the measure to pass a Congressional version of the Deferred Action for Childhood Arrivals program, or DACA, which offers some protection to the hundreds of thousands of undocumented immigrants who came to the United States as children.  Some Republicans, including Presi... More »

Weekend News & Commentary — January 13-14, 2018

Published January 14th, 2018 -

The Trump administration has announced that millions of people will have to use a new Internal Revenue Service online calculator to make sure their new paychecks are accurate.  This change comes in the wake of administration issuing guidelines for the implementation of the new tax law.  The new calculator will be used to determine how much should be withheld in taxes from employees’ paychecks.  Em... More »

Today’s News & Commentary — January 12, 2018

Published January 12th, 2018 -

The Trump administration announced Thursday it would allow states to impose work requirements in Medicaid. According to The New York Times, this large policy shift toward a more conservative vision for Medicaid will provide waivers to states that wish to condition benefits on work requirements.  More »

Today’s News & Commentary — January 11, 2018

Published January 11th, 2018 -

Early Wednesday morning, agents descended on 98 7-Eleven stores in 17 states, from California to Florida, and arrested 21 employers.  Federal immigration authorities are beginning to heavily scrutinize businesses that hire unauthorized workers.  Wednesday morning’s enforcement operation was the largest operation against employers under the Trump administration.  7-Eleven has terminated the f... More »

Today’s News & Commentary — January 10, 2018

Published January 10th, 2018 -

Late yesterday, a federal district court judge in San Francisco issued a national injunction ordering the Trump administration to “maintain the DACA [Deferred Action for Childhood Arrivals] program on a nationwide basis” while litigation over the program plays out.  Therefore, previous DACA beneficiaries must be allowed to renew their status, though the government will not be required to accept ne... More »

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