Deanna Krokos is a student at Harvard Law School
Southern California grocery store workers, represented by the United Food and Commercial Workers (UFCW) Local 135, plan to vote Monday on whether to authorize a strike against several SoCal grocery chains due to stalling contract negotiations. The union, representing 46,000 workers, reports that the negotiations are focused primarily on wage increases and worker benefits. The vote wouldn’t begin a strike, but rather empower the union to call for one with the consent of member workers. The Los Angeles area saw a 3.1% increase in cost of living measures last year, and the union describes their effort as trying to help workers earn enough to meet that demand. The Los Angeles Times reports that this may seem familiar to the grocery chains, after the union organized a 4-month strike in 2003.
At the International Labor Organization’s (ILO) annual conference, delegates voted to ratify new international labor standards against workplace sexual harassment. ILO, a U.N. Agency, passed a treaty with broad support from member nations, labor groups, and employers. The measure requires countries to adopt laws and anti-retaliation policies to curb rampant harassment and provide redress to victims. Supporters cite to the #MeToo movement as evidence of the provision’s necessity, celebrating a strong, international stand against the kind of pervasive gender-based violence in the workplace that has been exposed in many industries. Notably, the treaty is silent on protections for LGBTQ+ workers or harassment based on sexual orientation.
Uber is facing more legal trouble in California based on its controversial classification of drivers as independent contractors. A claim that Uber “secures unlawful cost savings by misclassifying its drivers” to create an uncompetitive market was allowed to proceed in the U.S. District Court for the Northern District of California. Acknowledging the merits, Judge Edward Chen granted the plaintiffs time to amend their claim to meet jurisdictional requirements. Plaintiff Diva Limousine (who is trying to establish a putative class) allege that other firms cannot compete when Uber’s misclassification practice allows drivers to earn less than the minimum wage, absorb significant economic risk, and remain ineligible for standard benefits and protections. This follows the analysis of labor policy writers, who find that eroding workplace standards create a “race to the bottom,” making it all but necessary that worker-unfriendly, cost-cutting practices become industry norms.
This is just the most recent in a string of California-based litigation against Uber, and the situation doesn’t show signs of stopping. The California Supreme Court’s Dynamex ruling last year interpreted worker classification law through a stricter standard, often called the “ABC” test, that requires employers to bear the burden of proving workers are truly independent contractors. In May, the same court found that the rule should have retroactive application. Many believe that applying this standard will make it impossible for firms like Uber and Lyft to continue classifying drivers as contractors. Lawmakers in the state have been working on codifying the ruling in the legislature, as AB5 passed the California assembly and heads to the Senate. Supporters face significant lobbying by gig-economy firms that take advantage of the uncertainty around worker classification to improve their bottom-line.
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February 9
FTC argues DEI is anticompetitive collusion, Supreme Court may decide scope of exception to forced arbitration, NJ pauses ABC test rule.
February 8
The Second Circuit rejects a constitutional challenge to the NLRB, pharmacy and lab technicians join a California healthcare strike, and the EEOC defends a single better-paid worker standard in Equal Pay Act suits.
February 6
The California Supreme Court rules on an arbitration agreement, Trump administration announces new rule on civil service protections, and states modify affirmative action requirements
February 5
Minnesota schools and teachers sue to limit ICE presence near schools; labor leaders call on Newsom to protect workers from AI; UAW and Volkswagen reach a tentative agreement.
February 4
Lawsuit challenges Trump Gold Card; insurance coverage of fertility services; moratorium on layoffs for federal workers extended
February 3
In today’s news and commentary, Bloomberg reports on a drop in unionization, Starbucks challenges an NLRB ruling, and a federal judge blocks DHS termination of protections for Haitian migrants. Volatile economic conditions and a shifting political climate drove new union membership sharply lower in 2025, according to a Bloomberg Law report analyzing trends in labor […]