Linh is a student at Harvard Law School.
The U.S. Department of Labor introduced a final rule on Tuesday that will make it more difficult for companies like Uber and Lyft to classify workers as independent contractors under the Fair Labor Standards Act. Classification as employees, as opposed to contractors, wins meaningful benefits for workers, including minimum wage, overtime pay, protection for organizing activity, among others. This rule, scheduled to take effect on March 11, is closely monitored by major gig economy players and employers in construction, trucking, and healthcare sectors. The rule did and will likely continue to face legal challenges, including opposition from the U.S. Chamber of Commerce, and congressional review.
Google has lodged an appeal on the Fifth Circuit against the National Labor Relations Board (NLRB), who ruled on January 3 that Google had unlawfully refused to negotiate with the union representing contract workers at YouTube. Those workers, directly employed by Cognizant Technology Solutions Corp., were deemed jointly employed by Google in a decision by an NLRB regional director in March 2023, also upheld by the NLRB. The Cognizant workers subsequently voted 41-0 to unionize in April 2023. Since unionization, both Google and Cognizant have challenged the union’s legitimacy and refused to negotiate.
The Screen Actors Guild, representing 160,000 film and TV actors, has entered into an agreement that mandates permissions and guaranteed minimum payments whenever members’ voices are digitally reproduced in video games and other media. The union’s executive director announced the agreement with Replica Studios on Tuesday. This agreement, first of its kind, represents an important deal for the Guild, as the use of Artificial Intelligence was a pivotal issue during strikes by writers and actors last year.
Daily News & Commentary
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December 22
Worker-friendly legislation enacted in New York; UW Professor wins free speech case; Trucking company ordered to pay $23 million to Teamsters.
December 21
Argentine unions march against labor law reform; WNBA players vote to authorize a strike; and the NLRB prepares to clear its backlog.
December 19
Labor law professors file an amici curiae and the NLRB regains quorum.
December 18
New Jersey adopts disparate impact rules; Teamsters oppose railroad merger; court pauses more shutdown layoffs.
December 17
The TSA suspends a labor union representing 47,000 officers for a second time; the Trump administration seeks to recruit over 1,000 artificial intelligence experts to the federal workforce; and the New York Times reports on the tumultuous changes that U.S. labor relations has seen over the past year.
December 16
Second Circuit affirms dismissal of former collegiate athletes’ antitrust suit; UPS will invest $120 million in truck-unloading robots; Sharon Block argues there are reasons for optimism about labor’s future.