Sophia is a student at Harvard Law School and a member of the Labor and Employment Lab.
In today’s news and commentary, California bans algorithmic price-fixing; New York City Council passes pay transparency bills; and FEMA questions staff who signed a whistleblowing letter.
This week Governor Gavin Newsom signed AB 325 (The Preventing Algorithmic Price Fixing Act) into law. Assemblymember Cecilia Aguiar-Curry authored the bill, which will update California’s cornerstone antitrust law—the Cartwright Act— to account for contemporary digital tools used for illegal price fixing. The law goes into effect on January 1, 2026 and will make it “unlawful for a person to use or distribute a common pricing algorithm if the person coerces another person to set or adopt a recommended price or commercial term… for the same or similar products or services.” Notably, AB 325 defines “price” not only as an “amount of money or thing of value… given in payment for any product or service,” but also as “compensation paid to an employee or independent contractor for services provided.” The legislation’s language could have implications for rideshare drivers in the state despite gig companies’ $200 million effort to pass Proposition 22 in order to classify drivers as independent contractors.
Yesterday, two bills aimed at tackling pay disparity in New York City passed with over 80 percent support from the city council. The bills would require employers with 200 or more employees to report pay data based on demographic categories, specifically race and gender. According to the U.S. Census Bureau, in 2024 the wage gap for women workers fell to an average of 81 cents for every dollar earned by men. Supporters of the bills hope that these pay transparency measures will encourage employers to address wage disparities in their own workplaces that most negatively affect women and workers of color.
Two months ago nearly 200 current and former Federal Emergency Management Agency (FEMA) personnel, in addition to 154 anonymous employees, co-signed a whistleblower letter petitioning Congress to take action to protect the agency. The signatories of the letter urged Congress to meet four demands: 1) establish FEMA as an independent agency in the executive branch; 2) defend the agency from “illegal impoundments of appropriated funding” and from “interference from DHS;” 3) protect FEMA staff from “politically motivated firings;” and 4) “[d]emand transparency from OMB, DOGE, and FEMA regarding internal employment policies and future agency reductions.” After publishing the letter, the public signatories were placed on immediate leave. Weeks later, upon returning to work, these workers were ordered to sign non-disclosure agreements while officials from FEMA’s Office of Professional Responsibility began questioning them. Affected FEMA employees have filed complaints to the Office of Special Counsel alleging that they were retaliated against for speaking up on matters of public concern in violation of the Whistleblower Protection Act.
Daily News & Commentary
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December 7
Philadelphia transit workers indicate that a strike is imminent; a federal judge temporarily blocks State Department layoffs; and Virginia lawmakers consider legislation to repeal the state’s “right to work” law.
December 5
Netflix set to acquire Warner Bros., Gen Z men are the most pro-union generation in history, and lawmakers introduce the “No Robot Bosses Act.”
December 4
Unionized journalists win arbitration concerning AI, Starbucks challenges two NLRB rulings in the Fifth Circuit, and Philadelphia transit workers resume contract negotiations.
December 3
The Trump administration seeks to appeal a federal judge’s order that protects the CBAs of employees within the federal workforce; the U.S. Department of Labor launches an initiative to investigate violations of the H-1B visa program; and a union files a petition to form a bargaining unit for employees at the Met.
December 2
Fourth Circuit rejects broad reading of NLRA’s managerial exception; OPM cancels reduced tuition program for federal employees; Starbucks will pay $39 million for violating New York City’s Fair Workweek law; Mamdani and Sanders join striking baristas outside a Brooklyn Starbucks.
December 1
California farmworkers defend state labor law, cities consider requiring companies to hire delivery drivers, Supreme Court takes FAA last-mile drivers case.