Deanna Krokos is a student at Harvard Law School
Before the California legislature’s session ending on Friday, lawmakers brought a broad variety of labor issues to the forefront. As Jared reported, the legislature passed AB5, a bill that would largely codify the Dynamex decision and potentially correct the misclassification of independent contractors in the state, ranging from janitors to gig workers. They also passed several anti-retaliation measures that would both lengthen the time for fired employees to file a claim with the Labor Commissioner and create a “rebuttable presumption” of unfair retaliation is a worker is fired within 90 days of filing a harassment claim.
Further, the legislature passed a bill requiring employers to provide facilities for employees to pump breastmilk. The bill was originally introduced and passed last year, but blocked when former Governor Jerry Brown vetoed it. Each measure will require Governor Gavin Newsom’s signature by October 13th, and go into effect January of next year.
While correcting misclassification remains big news in California, a group of Massachusetts drivers are bringing similar claims against a familiar defendant. Represented by Boston’s Fair Work PC, a former Dynamex driver won class certification this week to represent drivers in the state who claim they were misclassified as independent contractors. The class is comprised of about 100 drivers who delivered packages through the courier service.
The U.S. Women’s Soccer Team continued their legal fight for pay equity in court this week, moving for class certification to include all “past, present, and future” players as plaintiffs in their suit. Their lawsuit was filed in International Women’s Day earlier this year, and followed from broader public discussions of the U.S. Soccer Federation’s traditionally disparate payments to the men’s and women’s teams. Public opinion followed as the Women’s Team went on to win the 2019 Women’s World Cup. If granted, class representatives would include players Alex Morgan, Megan Rapinoe, Carli Lloyd and Becky Sauerbrunn.
Finally, the Wall Street Journal reported that for the second consecutive month, job postings have fallen below last year’s metrics.
Daily News & Commentary
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November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume
November 27
Amazon wins preliminary injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.
November 26
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot […]
November 25
In today’s news and commentary, OSHA fines Taylor Foods, Santa Fe raises their living wage, and a date is set for a Senate committee to consider Trump’s NLRB nominee. OSHA has issued an approximately $1.1 million dollar fine to Taylor Farms New Jersey, a subsidiary of Taylor Fresh Foods, after identifying repeated and serious safety […]
November 24
Labor leaders criticize tariffs; White House cancels jobs report; and student organizers launch chaperone program for noncitizens.
November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.