Fran Swanson is a student at Harvard Law School.
Life for American truck drivers has devolved into a “dystopian nightmare,” writes Robin Kaiser-Schatzlein in an op-ed for the New York Times. Before the 1970s, trucking was a “good job, with union representation, decent pay and benefits, and normal hours,” but, fears of inflation led the Carter administration to allow non-union, less regulated firms compete, creating a race to the bottom. Now, truckers are paid low wages—almost always pinned to the miles they drive, not the time they spend driving or waiting—which forces them to compensate by working, on average, well over 60 hours per week. This fatigue makes dangerous work even more so, but companies have responded with increased surveillance and automation rather than addressing its cause.
A federal district judge has reinstated a Trump-era rule on independent contractor classification, Bloomberg Law reports. A coalition of gig companies sued to reinstate the rule— which assigned greater weigh to two of the factors in the Fair Labor Standards Act’s test for worker classification—because it made it easier for them to continue to classify their workers as contractors. It was set to take effect in March 2021 but never did because Biden’s Department of Labor issued a rule postponing its effective date and then issued a final rule withdrawing the Trump rule. (Hannah wrote about the options DOL had at the time here.) Judge Marcia Crone of the Eastern District of Texas ruled that the Biden DOL’s actions violated the Administrative Procedure Act: the delay rule’s notice-and-comment period was too short (and the scope of comments too limited), while the withdrawal rule was arbitrary and capricious because DOL failed to consider certain alternatives.
Finally, Minneapolis Public School food service workers announced their intent to strike if an agreement for a new contract isn’t reached in ten days, the Star Tribune reports. 99% of the workers voted earlier this month to authorize the strike, and have continued serving meals while schools have been closed during the district’s teacher strike. They typically make less than $28,000 a year. They are seeking a $1/hour raise each year in the new contract. “Enough is enough,” said Kelly Gibbons, SEIU Local 284’s executive director.
Daily News & Commentary
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November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers
November 14
DOT rule involving immigrant truck drivers temporarily stayed; Unions challenge Loyalty Question; Casino dealers lose request for TRO to continue picketing
November 13
Condé Nast accused of union busting; Supreme Court declines to hear Freedom Foundation’s suit challenging union membership cancellation policies; and AFT-120 proposes a “Safe Sleep Lots” program for families facing homelessness.
November 12
Starbucks and the NLRB face off over a dress code dispute, and mental healthcare workers face a reckoning with AI.