Mackenzie Bouverat is a student at Harvard Law School.
Today’s headline is that Jeff Bezos visited space. Of the $5.5 million dollar expenditure, he commented the following: “[I] want to thank every Amazon employee and every Amazon customer because you guys paid for all this. So seriously, for every Amazon customer out there, and every Amazon employee, thank you from the bottom of my heart, very much. It’s very appreciated.”
Yesterday, a California state appellate court permitted a group of Postmates couriers alleging that the delivery platform withheld wages and tips may proceed on claims filed on behalf of the state of California despite a strict arbitration agreement signed by the plaintiffs. The class of drivers claim misclassification as independent contractors and seek civil penalties for underpaid wages. The latter claim is filed under the Private Attorneys General Act, which deputizes employees to sue for labor code violations on behalf of the state. Following California precedent, the lower court held — and the California Court of Appeals affirmed — that PAGA claims are not arbitrable: a worker cannot waive a right to bring a representative action on behalf of a state government. The case, Winns v. Postmates, is part of at least five other coordinated suits against Postmates in San Francisco. California appellate courts, including the First and Second District, have refused to compel arbitration of PAGA two of unpublished rulings.
A Baltimore federal judge has preliminarily approved a $29 million dollar settlement awarded to poultry plant employees by their employer, Pilgrim’s Pride Corp. The plaintiffs alleged antitrust violations involving a scheme to drive down pay for the industry’s workforce. The deal permits Pilgrim to exit the proposed class action and requires it to cooperate in building a case against the remaining defendants accused of colluding to depress wages. These include Tyson Foods Inc., Hormel Food Corp., Sanderson Farms Inc., Perdue Farms Inc., Cargill Inc., Butterball LLC, Koch Foods Inc., ContiGroup Cos., Mountaire Farms Inc., Simmons Foods Inc., George’s Inc., Fieldale Farms Corp., Peco Foods Inc., and Webber Meng Sahl & Co. The case is Jien v. Perdue Farms Inc..
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August 13
EEOC complaint process expected to harm federal workers; former UAW leaders endorse Fain challenger; Xbox employees protest layoffs.
August 12
Third Circuit affirms dismissal of driver’s bias and retaliation claims against CBS and Teamsters; employment litigation surges in Washington state; MIT Sloan professor argues the rise of “disposable workers” is transforming American employment.
August 11
Rideshare drivers nearing union certification in California; UFCW campaigns against electronic shelf labels; Teamsters support NYC delivery driver bill.
August 10
Employee sues for a fossil-fuel-free 401(k) plan as a religious accommodation; DHS submits a proposed rule eliminating 60-day grace period for H-1B workers; Eighth Circuit dismisses constitutional challenge to the FMSHRC.
August 7
Starbucks beats claims it denied shifts to union workers; Center for State Labor Innovation aims to address labor law shortcomings.
August 6
Taylor Farms faces scrutiny over labor practices; Bipartisan labor bill gains momentum.