Anjali Katta is a student at Harvard Law School.
In today’s news and commentary, West Virginia passes a bill for gig drivers, the Tenth Circuit rejects an engineer’s claims of race and age bias, and a discussion on the spread of judicial curtailment of NLRB authority.
West Virginia lawmakers passed HB 4009, allowing gig companies like Uber and DoorDash to contribute to workers’ portable benefits accounts without jeopardizing their classification as independent contractors. The bill, part of a workforce package backed by Gov. Patrick Morrisey, cleared the legislature on March 14 and awaits his signature. Gig workers typically lack protections such as minimum wage, union rights, and employer-sponsored benefits. Supporters say the measure expands access to benefits while preserving flexible work. Critics argue contributions will be too small to cover costs like health insurance and fail to replace employee protections. The bill also includes tax deductions for contributions and withdrawals.
A Chinese-American engineer, Hua Jiang, lost his appeal in the Tenth Circuit after claiming race and age discrimination in Tulsa’s hiring process for a water plant superintendent. The court upheld summary judgment for the city, finding its preference for leadership experience over Jiang’s stronger academic qualifications was legitimate. Although the city initially violated its own degree requirements, judges said these procedural issues didn’t prove discrimination or retaliation. Jiang’s claims under federal and state anti-discrimination laws failed because he couldn’t show the city’s reasoning was a pretext, especially given the selected candidate’s stronger management experience.
Bloomberg reports that a recent ruling by the Sixth Circuit could significantly limit the NLRB’s long-standing practice of shaping labor policy through case decisions. The court found the board overstepped its authority in the Cemex case by effectively creating new rules through adjudication rather than formal rulemaking. Legal experts say this reasoning may spread to other circuits, threatening decades of precedent and complicating how the NLRB develops labor law. If widely adopted, the approach could force the agency to rely more on rulemaking, a process it rarely uses and may struggle to implement. The decision reflects broader judicial skepticism toward administrative agencies and could lead to increased challenges to existing labor standards.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
March 27
“Cesar Chavez Day” renamed “Farmworkers Day” in California after investigation finds Chavez engaged in rampant sexual abuse.
March 26
Supreme Court hears oral argument in an FAA case; NLRB rules that Cemex does not impose an enforceable deadline for requesting an election; DOL proposes raising wage standards for H-1B workers.
March 25
UPS rescinded its driver buyout program; California court dismissed a whistleblower retaliation suit against Meta; EEOC announced $15 million settlement to resolve vaccine-related religious discrimination case.
March 24
The WNBPA unanimously votes to ratify the league’s new CBA; NYU professors begin striking; and a district court judge denies the government’s motion to dismiss a case challenging the Trump administration’s mass revocation of international student visas.
March 23
MSPB finds immigration judges removal protections unconstitutional, ICE deployed to airports.
March 22
Resurgence in salting among young activists; Michigan nurses strike; states experiment with policies supporting workers experiencing menopause.